On Tuesday, October 22, 2024, Concordia Sentinel reported that Russell Wagoner Sr., the Justice of the Peace for District 3 in Louisiana, has been subjected to disciplinary actions following a ruling by the Judiciary Commission of Louisiana. This decision stems from three separate counts of misconduct related to his official duties.

As part of the ruling, Wagoner is required to fulfill specific obligations over a three-year period, which includes a financial penalty of $1,976.49. The disciplinary measures also mandate that he attend at least one in-person training session organized by the Attorney General’s Office, as well as three online courses each year focused on judicial ethics and civil procedure. These courses are expected to cover critical topics such as ex-parte communications, jurisdiction, sequestration, and due process.

Ex-parte communications occur when a judge communicates with one party involved in a case without the other parties being aware, which can undermine the fairness of judicial proceedings. In addition to the training requirements, Wagoner will be assigned a mentor judge or justice of the peace, with whom he must meet in person at least four times in the first year and at least twice during each of the subsequent two years.

The charges against Wagoner include several instances of procedural misconduct. The first count involves an Order for Release of Possessions issued to Kim Forbess. Wagoner directed constables to remove belongings from Janna Hamilton’s home without providing her any prior notice or considering her potential defenses. The order inaccurately claimed that the Hamiltons had unlawfully seized property belonging to Forbess, despite the fact that the Hamiltons had not received any court order justifying their possession. Moreover, the ruling highlighted that Wagoner failed to ensure that Forbess submitted a verified petition or an affidavit that outlined the nature of her claims, which is a legal requirement.

In this instance, Wagoner did not secure any form of security from Forbess for potential damages, neglected to obtain a return of service from the constable detailing how the order was executed and did not schedule a hearing. This lack of procedural adherence denied Hamilton her rights to due process.

The second count involved a similar scenario where Wagoner, on behalf of Anthony Walker, instructed Concordia Parish Sheriff’s deputies to remove items from Jacqueline Davis’s home without prior notice in January 2022. The Sequestration Order issued by Wagoner claimed that Walker had proven ownership of the disputed property. However, Wagoner acknowledged that Walker had not filed a verified petition or affidavits necessary to support the issuance of such an order. Again, he failed to secure any security for damages and did not set a hearing, while also engaging in ex parte communications.

The third count relates to an eviction case involving Rose McCoy Millicks and Joseph McCoy. After reviewing evidence presented by Millicks, Wagoner granted an eviction judgment. When McCoy inquired about appealing the decision, Wagoner indicated he could seek legal advice from an attorney present in the courtroom. Following this, McCoy’s attorney reached out to Wagoner on February 2, 2022, requesting a stay of the eviction, to which Wagoner responded that a written request was necessary.

It was later revealed that Wagoner had no jurisdiction over the matter, which was already being reviewed in the Seventh District Court, and he engaged in discussions with McCoy’s attorney without Millicks being present. Despite understanding that the case fell outside his authority, Wagoner issued several eviction orders and corrections, further breaching judicial protocol.

These disciplinary actions against Wagoner underscore the importance of adhering to legal standards and maintaining the integrity of judicial processes. The Commission’s ruling aims to ensure that he receives the necessary training and oversight to prevent future misconduct.

 

 

Source: Concordia Sentinel