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Justice of the Peace

Code of Judicial Conduct

Justices of the Peace are judges under Louisiana law and must abide by the Code of Judicial Conduct. The Louisiana Supreme Court has clearly stated that JPs are subject to the same ethical standards as other judges. Violations can result in disciplinary action by the Judiciary Commission.

La. Const. art. V, § 25, RS 42:1167

Oversight Authority

Section titled “Oversight Authority”

The Judiciary Commission of Louisiana is the body charged with investigating alleged violations of the Code of Judicial Conduct by judges, including Justices of the Peace.

Judiciary Commission of Louisiana 400 Royal Street, Suite 1190 New Orleans, Louisiana 70130 (504) 310-2550

The Canons

Section titled “The Canons”

The Code of Judicial Conduct consists of several canons that establish standards for judicial behavior.

Canon 1 — Integrity and Independence

Section titled “Canon 1 — Integrity and Independence”

A judge shall uphold the integrity and independence of the judiciary. This includes:

  • Participating in establishing and maintaining high standards of conduct
  • Personally observing those standards
  • Ensuring the integrity and independence of the judiciary is preserved

Canon 2 — Avoiding Impropriety

Section titled “Canon 2 — Avoiding Impropriety”

A judge shall avoid impropriety and the appearance of impropriety in all activities.

Key requirements:

  • Respect and comply with the law at all times
  • Act in a manner promoting public confidence in the judiciary
  • Maintain impartiality — absence of bias or prejudice for or against particular parties
  • Do not allow family, social, political, or other relationships to influence judicial conduct
  • Do not lend the prestige of judicial office to advance private interests
  • Do not testify voluntarily as a character witness
  • Do not hold membership in organizations that arbitrarily exclude persons based on race, religion, sex, or national origin

Canon 3 — Impartial and Diligent Performance

Section titled “Canon 3 — Impartial and Diligent Performance”

A judge shall perform the duties of office impartially and diligently. Judicial duties take precedence over all other activities.

Adjudicative responsibilities include:

  • Be faithful to the law and maintain professional competence
  • Be unswayed by partisan interests, public clamor, or fear of criticism
  • Maintain order and decorum in proceedings
  • Be patient, dignified, and courteous to all persons
  • Perform duties without bias or prejudice
  • Not permit ex parte communications on substantive matters
  • Dispose of matters promptly, efficiently, and fairly
  • Not make public comments that might affect pending proceedings

Self-represented litigants:

A judge may make reasonable efforts to help self-represented litigants be fairly heard, including:

  • Making referrals to available resources
  • Providing brief information about proceedings and evidentiary requirements
  • Asking neutral questions to elicit or clarify information
  • Minimizing legal jargon
  • Explaining the basis for rulings

However, the judge must not give self-represented litigants an unfair advantage or create an appearance of partiality.

Prohibited Conduct

Section titled “Prohibited Conduct”

Ex Parte Communications

Section titled “Ex Parte Communications”

Except as permitted by law, a judge shall not permit private or ex parte communications designed to influence judicial action. Exceptions exist for:

  • Scheduling and administrative matters
  • Emergencies not dealing with substantive issues
  • Consulting disinterested legal experts (with notice to parties)

Public Comments on Pending Cases

Section titled “Public Comments on Pending Cases”

While a proceeding is pending, a judge shall not make public comments that might reasonably be expected to affect its outcome or impair its fairness.

Political Activity

Section titled “Political Activity”

Judges are subject to restrictions on political activity. During campaigns, additional rules apply regarding solicitation of contributions and political statements.

Discipline Process

Section titled “Discipline Process”

Complaints

Section titled “Complaints”

Complaints against Justices of the Peace are investigated by the Judiciary Commission pursuant to Louisiana Supreme Court Rule 23.

Possible Sanctions

Section titled “Possible Sanctions”

Depending on the severity of the violation, sanctions may include:

  • Private admonition
  • Public censure
  • Suspension
  • Removal from office

Due Process

Section titled “Due Process”

A judge accused of misconduct is entitled to notice of the charges and an opportunity to respond before the Commission takes action.

Recusal and Disqualification

Section titled “Recusal and Disqualification”

When a judge’s impartiality might reasonably be questioned, recusal is required. The Code of Judicial Conduct works in conjunction with the statutory recusal provisions.

For detailed information on when recusal is required, see Recusal.

Financial Disclosure

Section titled “Financial Disclosure”

Judges may be required to file financial disclosure statements. Requirements vary based on the court and jurisdiction.

Outside Activities

Section titled “Outside Activities”

Permitted Activities

Section titled “Permitted Activities”

Judges may engage in activities that do not:

  • Cast doubt on their capacity to act impartially
  • Demean the judicial office
  • Interfere with proper performance of judicial duties

Teaching and Speaking

Section titled “Teaching and Speaking”

Judges may teach, speak, and write on legal and non-legal subjects, subject to the requirements of the Code.

Civic and Charitable Activities

Section titled “Civic and Charitable Activities”

Judges may participate in civic and charitable activities that do not reflect adversely on impartiality or interfere with judicial duties.

Best Practices

Section titled “Best Practices”
  • Maintain familiarity with the full Code of Judicial Conduct
  • Review Louisiana Supreme Court Rule 23 regarding complaint procedures
  • Seek guidance from the Judiciary Commission when questions arise
  • Attend required training courses offered by the Attorney General
  • Document decisions and maintain clear records
  • Treat all parties with equal respect and courtesy
Section titled “Related Topics”