BEFORE THE JUDICIARY COMMISSION OF LOUISIANA

CASE N0. 0385 IN RE: JTJDGE GUY E. BRADBERRY

FOURTEENTH JUDICIAL DISTRICT COURT
CALCASIEU PARISH
ST ATE OF LOUISIANA

ORDER AND REASONS

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Respondent, Judge Guy E. Bradberry, was served with the Notice of Hearing

on July 11, 2022, making an answer to the Notice of Hearing due on August 10, 2022, pursuant to

Louisiana Supreme Court Rule XXIII, Section 4(b);

WHEREAS, Respondent filed a Motion for Extension of Time to File an Answer and/or

Other Responsive Pleadings in Response to the Notice of Hearing on July 22, 2022, requesting an

additional sixty (60) days to file an answer and/or other responsive pleadings;

WHEREAS, on July 27, 2022, the Hearing Officer granted a sixty-day extension of time

until October 9, 2022, in which to file an answer and/or other responsive pleadings (however,

October 9, 2022, is a Sunday, making an answer and/or otlier responsive pleadings due on October

10, 2022);

WHEREAS, Respondent filed an Unopposed Second Motion for Extension of Time to

File an Answer and/or Other Responsive Pleadings in Response to the Notice of Hearing on

September 30, 2022, requesting another extension of time to file an answer and/or other responsive

pleadings because the Office of Special Counsel and Respondent intend to present to the Judiciary

Commission a resolution of this matter via consent discipline for its consideration by November

18, 2022;

WHEREAS, on the same date, tlie Hearing Officer granted anotlier extension of time until

December 19, 2022, in which to file an answer and/or other responsive pleadings;

WHEREAS, Louisiana Supreme Court Rule XXIII, Section 29(c)(1)(v) permits the

Commission "on its own motion [to] review any decision by a liearing officer that would

substantially delay, impede, or prolong tlie resolution of the proceedings, including but trot

limited to the hearing officer's decision to grant a motion that indefinitely stays the hearing or

continues the liearing without date when tlie basis for the motion is the Commission's impending

loss of jurisdiction over the judicial officer" (emphasis added);

WHEREAS, on October 3, 2022, tl'ie Commission issued an Order notifying the

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Case No. 0385
Page 2

Respondent and Office of Special Counsel that, pursuant to its authority under Rule XXIII, Section

29(c)(1)(v), the Commission, on its own motion, voted to review the September 30th Order of the

Hearing Officer and gave them the opportunity to file a brief regarding why the answer in this

matter should not be due by the previous extended deadline of October 10, 2022; and

WHEREAS, the Commission reviewed and considered the Brief in Support of the Hearing

Officer's Order of September 30, 2022, filed by Respondent on October 6, 2022.

Pursuant to its authority under Rrile XXIII, Section 29(c)(1)(v), the Commission voted to

REVERSE the extension granted by the Hearing Officer.

Respondent has already had ninety (90) days in which to file an answer and other

responsive pleadings. There is no reason why a proposal for consent discipline (the pleadings

regarding which will not be submitted to the Commission until November 18, 2022) should further

delay the filing of an answer in this matter. Indeed, if the Commission ultimately does not accept

the consent discipline proposal or if the proposal for wliatever reason is not ultimately effectuated,

either of which are entirely possible, the fact that an answer would have yet to be filed would

further substantially delay or prolong tlie resolution of tliis matter.

Moreover, Louisiana Supreme Court Rule XXIII, Section 23(a)(1) provides in pertinent

part:

[0]nce the Commission files a notice of hearing as provided for in Section 4 of this
rule and tlie respondent judge either files an answer or the time for filing an answer
has expired, proceedings before the Judiciary Commissioi'i and its hearing officers
inthemattershallbeopentothepublic... andthepleadings,orders,andevidence
filed into the record of the proceedings shall be public record[.]

The extension of time sought by the Respondent and granted by the Hearing Officer would delay

the date on which this matter would become public under Rule XXIII, Section 23(a)(1) for over

five months from the filing of the Notice of Hearing. To allow settlement discussions or a

settlement proposal (whether through consent discipline or a Deferred Recommendation of

Discipline Agreement) to drastically delay the date in which a Commission matter becomes public

would be antithetical to and undermine the intent of and policy behind Rule XXIII, Section

23(a)(1) and the transparency to which the public is entitled under this provision.

Accordingly, IT IS ORDERED that the September 30th Order of the Hearing Officer is

hereby REVERSED
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Case No. 0385
Page 3

IT IS FURTHER ORDERED that an answer and other responsive pleadings shall be due

by 4:00 p.m. on Tuesday, October 11, 2022.

Thus done and signed in New Orleans, Louisiana, on October 9022.

By: David Becker, Commission Counsel

For The Judiciary Commission of Louisiana
400 Royal Street, Suite 1213
New Orleans, Louisiana 70130
(504) 310-2597