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INVESTIGATIVE UNIT: Justices kick Baton Rouge judge off bench amid worries of 'serious harm' to public
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BATON ROUGE — The Louisiana Supreme Court on Tuesday ordered the temporary removal of Eboni Johnson Rose from the bench in the state's 19th Judicial District after a series of WBRZ Investigative Unit reports about the judge's controversial rulings.
Voting 5-2 in a case brought by the state Judiciary Commission, the court said the Baton Rouge judge "is immediately disqualified from exercising any judicial function" while the panel considers disciplinary action against her. The board said she poses a threat of "serious harm to the public" if she continues to serve as a judge.
The court's ruling disclosed the investigation and ordered that the probe be wrapped up within six months. Rose is currently running for a seat on the 1st Circuit Court of Appeal; the election is three months away.
Rose had been involved in a number of questionable decisions, including convicting a former Broadmoor Elementary teacher moments after acquitting her in an aggravated assault case. She also convicted a Baton Rouge police officer of a crime that doesn't exist.
Official transcripts of Rose's court proceedings substantiated the allegations against her to the point that there was a reason to remove her, a judge wrote in a concurring opinion.
The Supreme Court said there was "probable cause that respondent committed a violation of the Code of Judicial Conduct and poses a substantial threat of serious harm to the public and the administration of justice."
Franz Borghardt is a defense attorney, and he's represented people Johnson Rose has convicted. Borghardt says the next steps will be interesting.
"If you were previously convicted of something, you're having to wait and see what was the basis for the removal," he said. "Depending on what that basis is, that may breathe life into your conviction."
Justice Jay B. McCallum lamented that there wasn't a way for the court to suspend Rose's salary and also make her pay for a substitute judge.
"The taxpayers of this state are forced to bear the double burden of paying (Rose's) salary during her suspension and the cost of a pro tempore judge to serve in her stead," McCallum wrote.
Pay can be suspended only after a final order — not while the investigation is pending.
"While (Rose's) conduct as a member of the judiciary certainly warrants a suspension of her pay, there is no lawful means by which to impose this condition. The people of this state should amend the constitution to allow us that option," he wrote.
Justice Jeff Hughes dissented, noting that East Baton Rouge Parish voters had elected her and suggesting that a period of probation might be in order if Rose had a mentor.
"The balance between an appropriate sanction for behavior that deserves a sanction and respect for the choice of the electorate is a difficult one," he wrote.
Justice Piper Griffin also said the interim removal went against the will of voters, and that Rose hadn't reached the point where removal was warranted.
"The actions of the judge in this matter are cause for concern and may ultimately lead to discipline. However, in my view, they are not so egregious as to warrant the most extreme measures at this point in the Judiciary Commission process," Griffin wrote.
There is no means for the public to recall a judge. The Supreme Court can step when it feels the judiciary system is in danger.
In addition to the rulings involving the teacher and the police officer, Rose has made a number of other decisions that drew questions, including:
-ordered an ankle monitor removed from a murder suspect; while he was out he was accused of attacking a woman and her children;
-released a homicide suspect on bond; he was later picked up for a drive-by shooting;
-set a third bond for a prolific drug dealer; and
-shaved too much time of an arsonist's sentence to the point that it was less than the amount required by law.
In the Broadmoor teacher case, the Supreme Court intervened and ordered the defendant acquitted.
Rose's father is 19th Judicial District Deputy Chief Judge Ron Johnson; her uncle is former Chief Judge Don Johnson.
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