Judge’s husband rejects ‘meddling’

• By ALLEN M. JOHNSON JR.
• Advocate New Orleans bureau
• Published: Jan 7, 2009 - Page: 4B - UPDATED: 12:05 a.m.

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NEW ORLEANS — The angry husband of a New Orleans judge says the Louisiana Supreme Court is meddling in his marriage.

Henry P. Julien Jr., an attorney and husband of Civil District Court Judge Ethel Simms-Julien, said Tuesday he is prepared to take legal action if the high court does not amend its new annual financial disclosure rules for judges, which took effect Jan. 1.

“I’m going to write to the court and request that they rescind these rules — as they apply to non-judges,” said Julien, a labor and employment attorney and former state prosecutor. “If that fails, I will take legal action to protect my constitutional rights and my marital status.

“These rules interfere with the marital relations between the husbands and wives of judges. These rules basically would require someone like me to disclose financial information to the public and the court that I’m not required to disclose to my wife.”

Supreme Court spokesperson Valerie Willard said the rules apply to every judge — including the seven justices. Any complaints may be filed with the Office of the Judicial Administrator or new Chief Justice Catherine “Kitty” Kimball.

The Supreme Court last year developed the new financial disclosure requirements for all Louisiana judges after the Legislature enacted sweeping ethics laws for state officials in the executive and legislative branches in early 2008. The first financial disclosure reports by judges are due at the Supreme Court by May 15.

Judges are required to submit detailed, notarized financial reports on their income, assets, liabilities and business interests and to file similar information for spouses.

The records will be made available for public inspection.

There are penalties and enforcement guidelines for violators of up to $100 a day. Rules for justices of the peace take effect Jan. 1, 2010.

Julien says he doesn’t have a problem with the rules for judges. However, he argues that extending the rules to non-judicial spouses is “unconstitutional.”

He adds that the process the court used to craft the rules is unfair to non-judicial spouses as well.

“The Louisiana Supreme Court is trying to act like the Louisiana Legislature, which they are not,” Julien said. “They have no right to pass rules to say that the spouse of a judge has to make financial disclosures to them.”

The Legislature is required by law both to have meetings open to the public and to debate in public proposed legislation. The state Supreme Court can debate in private and even take “straw votes” in private, without the public’s input.