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LEGISLATURE & POLITICS

New rules apply to judges, lawyers as ’09 begins

Confusion expected over wine-and-dine expense guidelines
  • By ALLEN M. JOHNSON JR.
  • New Orleans bureau
  • Published: Jan 5, 2009 - UPDATED: 12:05 a.m.

NEW ORLEANS — The New Year means new rules for Louisiana judges.

Effective Jan. 1, state judges were required to submit finance disclosure reports to the public; lawyers who are not U.S. citizens can now practice in Louisiana; and there is now a $50 cap on food and drink for judges at social functions.

The Louisiana Supreme Court adopted the financial disclosure rules and new guidelines for refreshments after the Legislature passed a passel of ethics laws at the request of Gov. Bobby Jindal.

“The Supreme Court just piggybacked on the legislative effort to reform the state ethics code” by applying new rules to state judges and justices of the peace, said Dane Ciolino, a professor of ethics at Loyola University College of Law-New Orleans.

Rules for justices of the peace do not take effect until Jan. 1, 2010.

“By and large, I think these new rules are a very good development,” Ciolino said. “I think it is just going to take some time to understand the rules and learn to live under them.”

Judges may accept “ordinary social hospitality,” according to the recently revised Code of Judicial Conduct. However, the total value of food, drink and refreshments should not exceed $50 for each event, including meals, receptions, meetings and other social activities.

“The total value of the food, drink or refreshment provided to the judge shall be determined by dividing the total cost of the food, drink and refreshment provided at the event by the total number of persons invited, whether formally or informally,” the rule states.

If hosts of upcoming sports parties and Carnival functions feel a little unsure, they’re not alone.

“I was consulted by law firms with questions about whether they could invite judges to their Christmas parties,” Ciolino said. “They feel they are left with the dilemma of not inviting the judges — or serving pizza and soft drinks. There is some kind of general dissatisfaction among the judiciary about how these rules will end up applying. I would not be surprised if the Supreme Court tweaks these rules going forward.”

The high court will review the food and drink law each year — and the $50 cap may not last long. The maximum will be tied to the Consumer Price Index beginning July 1.

Another new rule allows judges to accept “complimentary admission to a civic, non-profit or educational event,” when the judge is a “program honoree,” giving a speech or serving on a panel discussion.

Ciolino said the requirements of the disclosure largely mirror ethics laws for other state officials.


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