Section 27 - Interim Disqualification(a)Recommendation. The Judiciary Commission, without the necessity of a hearing, and upon determining that a judge who is subject to the jurisdiction of this Court: (1) has been indicted or charged with a serious crime under state or federal law; or(2) upon receiving substantial, credible evidence which establishes probable cause that a judge may have violated Article V, § 25(C) of the Constitution or may have committed a violation of the Code of Judicial Conduct and may pose a substantial threat of serious harm to the public or the administration of justice; may recommend to the Court that the judge be immediately disqualified from exercising any judicial function, pending further proceedings before the Judiciary Commission or the Court. For the purpose of this rule, the term "serious crime" means
(2) any other lesser crime that reflects adversely on the judge's honesty, trustworthiness or fitness as judge.(b)Evidence; service. The Judiciary Commission shall append to the recommendation it files with the Court the evidence and documents which, in its view, justify the interim disqualification. The recommendation for interim disqualification shall be personally served upon the respondent judge. Within seven days of service of the recommendation for interim disqualification, the respondent judge may file with the Court an opposition to the recommendation and append relevant rebuttal evidence. A copy of the opposition shall be filed with the Judiciary Commission.(c)Order. Upon consideration of the recommendation of interim disqualification and any opposition, the Supreme Court may enter an order pursuant to La. Const. Art. V, § 25(C) immediately disqualifying the judge from exercising any judicial function, pending final disposition of the disciplinary proceeding predicated upon the conduct causing the harm; deny the motion; or take any other action it considers appropriate.(d)Confidentiality. In the event the recommendation for interim disqualification is filed before a matter has become public record under Section 23(a)(1) of this rule, the recommendation for interim disqualification shall be filed under seal. In the event the Court orders the interim disqualification of a judge, the Commission's recommendation, any opposition, and the Order of Interim Disqualification shall be matters of public record, unless otherwise ordered by the Court.(e)Dissolution of Interim Disqualification. A judge who has been disqualified pursuant to this section may move the Court for a dissolution of the order of disqualification upon a showing of relevant facts indicating a material change in circumstances relating to the Order of Interim Disqualification. A copy of the motion for dissolution shall be filed with the Judiciary Commission. The Commission may file an opposition to the motion, or a concurrence in the motion, within seven days of filing. Following receipt of the response or expiration of the time period for receiving a response from the Commission, the Court shall consider and act upon the motion.(f)Effect on later Commission or Court Action. Interim disqualification of a judge shall not preclude action by the Commission or the Court on the same conduct or charge that formed the basis for the interim disqualification. Acquittal, dismissal, or conviction of the criminal charge shall not preclude proceedings by the Commission or the Court on the conduct that formed the basis for the charge. Any period of interim disqualification imposed under this section shall not be applied to reduce any period of suspension which may ultimately be imposed by the Court, unless the Court so directs in its final Order imposing discipline.
(g)Interim Disqualification by Consent. A judge against whom any crime has been charged, or against whom allegations of misconduct have been or may be made, may at any time move the Court to enter an order of interim disqualification from the exercise of judicial functions, with or without pay, pending final disposition of judicial disciplinary proceedings. A copy of the motion shall be filed with the Judiciary Commission. The Commission may file a concurrence or other response with the Court within seven days of the filing. Thereafter, the Court shall consider and act upon the motion.(h)Expedited. Disciplinary proceedings involving judges who have been disqualified from exercising any judicial function under this Section, shall be expedited and shall be resolved by the Commission within six months, unless good cause is shown. It shall not be a violation of Section 23 for the Commission to notify the Court, by filing an informational pleading under seal in the matter, that good cause has been established which may delay the proceedings of a matter brought under this Section.(i) A judge on interim disqualification may be taxed with costs as provided for in Section 22.Amended effective 7/1/2016; amended effective 9/4/2019; amended effective 5/1/2020; amended effective 11/19/2021.