A.(1) If a person fails to timely file a financial statement as required by this Rule, or a person omits any information required to be included in the statement, or the Office of the Judicial Administrator, Supreme Court of Louisiana, has reason to believe information included in the statement is inaccurate, the Judicial Administrator's Office shall notify the person of such failure, omission or inaccuracy by sending him or her by certified mail a notice of delinquency immediately upon discovery of the failure, omission, or inaccuracy. (2) The notice of delinquency shall inform the person that the financial statement must be filed, or that the information must be disclosed or accurately disclosed, or that a written answer contesting the allegation of such a failure, omission, or inaccuracy must be filed no later than fourteen business days after receipt of the notice of delinquency. The notice shall include the deadline for filing the statement, filing the answer, or disclosing or accurately disclosing the information. (3) The Office of the Judicial Administrator shall inform the person in the notice of delinquency that failure to file the statement, to disclose or accurately disclose the information, or to file an answer contesting the allegation by the deadline shall result in the imposition of penalties as provided in Subsection F of this Section. B. If the person files the statement, provides the omitted information, or corrects the inaccurate information prior to the deadline contained in the notice of delinquency, no penalties shall be assessed against the person. C.(1) If the person fails to file the statement, fails to provide the omitted information, fails to correct the inaccurate information, or fails to file a written answer prior to the deadline contained in the notice of delinquency, the Judicial Administrator's Office shall refer the matter to the Judiciary Commission. (2) If the individual files a written answer contesting the allegations contained in the notice of delinquency, or if a complaint is received by the Office of the Judicial Administrator after a financial statement has been filed that is directed to the accuracy or completeness of a particular statement, the matter shall be referred to the Judiciary Commission. (3) In the event a written complaint is received by the Commission after a financial statement has been filed that is directed to the accuracy or completeness of a statement, and the complaint is not deemed by the Commission to be frivolous, the Commission shall mail the complaint by certified mail to the judge or justice of the peace who is the subject of the complaint. The judge or justice of the peace shall be asked to answer the complaint within fourteen business days after receipt of the complaint. D. Upon a finding by the Judiciary Commission in connection with a written answer that no violation has occurred, no penalties shall be assessed against the person. E. If the Judiciary Commission determines in connection with a written answer that the person may have failed to file the statement or failed to disclose or accurately disclose the required information, the matter shall be the subject of a hearing to be convened in accordance with Subsection (F) of this Section. F.(1) In the event a matter pertaining to financial disclosure is referred to the Commission, and the Commission finds that the person may have failed to file a financial statement, or failed to disclose or accurately disclose the required information, the Commission may order that a hearing be conducted before a hearing officer designated by the Court pursuant to La. S. Ct. Rule XXIII, Section 29(a). A hearing officer shall be selected for the hearing in accordance with La. S. Ct. Rule XXIII, Section 29(b). The Office of Special Counsel shall file an itemized cost statement with the Commission in any case in which the Commission convenes a hearing. [Amended effective November 16, 2011] (2) The procedures for convening and conducting the hearing shall be in accordance with La. S. Ct. Rule XXIII, §29. (3) The hearing will be limited to the following issues: (i) whether or not the individual failed to file a financial statement; (ii) whether or not the individual failed to disclose or accurately disclose the required information; and (iii) whether the failure was willful and knowing. For purposes of Rule XXXIX, "willful and knowing" means conduct involving bad faith, dishonest motive or a purposeful choice not to file the financial disclosure statement in order to obtain some personal or professional gain (including, but not limited to, a desire not to disclose one's personal assets to the public, or the desire not to take the time, trouble and effort to complete the form with the knowledge that it is required to be filed by a certain date). [Amended effective January 23, 2012]
(4) Within fifteen days after the conclusion of the hearing, the hearing officer shall submit a report to the Judiciary Commission that contains proposed findings of fact and conclusions of law, if applicable. No recommendation shall be made by the hearing officer as to the issues to be considered by the Commission and/or the Court pursuant to subpart (3) of this subsection.(5) In the event the Commission decides that no violation has occurred, the Commission shall issue a written determination to that effect. In that event, no penalties shall be assessed against the person, and no recommendation shall be made to the Court.(6) If the Commission determines the person has failed to file a statement, or failed to disclose or accurately disclose the required information, the Commission shall file the record and a recommendation with the Court. In that event, the Commission shall recommend the imposition of civil penalties and costs in accordance with subpart 7 of this subsection, and shall also make a recommendation as to whether the violation was willful and knowing. [Amended effective November 16, 2011] (7) The Court shall assign the case for argument summarily in accordance with La. S. Ct. Rule VI, Section 3. Judgment shall be rendered promptly following argument. If the Court determines that no violation has occurred, no penalty shall be assessed. In the event the Court determines that a violation has occurred, the Court shall assess civil penalties in the following amounts: (a) Up to one hundred dollars per day, in the Court's discretion, for statements required by Section 2 of this Rule. (b) Up to fifty dollars per day, in the Court's discretion, for statements required by Section 3 of this Rule. (c) All or a portion of the costs incurred by the Office of Special Counsel and the Commission, in the Court's discretion. If the judge filed a written answer contesting the allegations prior to the deadline contained in the notice of delinquency, or prior to the deadline for filing an answer to a complaint, penalties shall be assessed from the date the Commission recommended the imposition of civil penalties. [Amended effective November 16, 2011; amended effective February 27, 2014]
(8) In the event the Court determines that a person has willfully and knowingly failed to file a statement, willfully and knowingly failed to timely file a statement, willfully and knowingly omitted information from a statement, or willfully and knowingly provided inaccurate information in a statement, the Court shall forward its findings to the district attorney in the parish which is the domicile of the person who filed the report for appropriate action. G.(1) The Office of the Judicial Administrator, Supreme Court of Louisiana, shall post on its website on the Internet a list of all judges who have failed to file, or failed to timely file, or failed to provide omitted information, or failed to provide accurate information as required by this Rule. [Amended effective February 27, 2014] (2)(a) No person shall be included on the list unless he or she fails to file, to provide omitted information, or to provide accurate information by the deadline included in the notice of delinquency, nor shall he or she be included on the list if he or she has filed an answer or an answer contesting the allegations included in the notice of delinquency. (b) A person shall be removed from the list within two business days after filing the statement or accurately disclosing the required information. [amended effective April 29, 2010] H. If a person who is required to disclose information required by Section 2 of this Rule discovers an error or inaccuracy in the information he or she disclosed and files an amendment to such disclosure correcting such error or inaccuracy prior to the receipt of a notice of delinquency, no penalties shall be assessed against the person, and the Office of the Judicial Administrator shall supplement the initial disclosure with the amendment thereto in the official records of the Office of the Judicial Administrator. Amended effective 5/23/2012; amended effective 2/27/2014 Previous Section 3 deleted in its entirety; previous Section 4 renumbered as Section 3; Section 3 further amended effective 2/27/2014