
    In re Judge Charles ELLOIE.
    No. 2006-O-2364.
    Supreme Court of Louisiana.
    Oct. 11, 2006.
   ORDER

hOn recommendation of the Judiciary Commission of Louisiana,

IT IS ORDERED, ADJUDGED AND DECREED that Judge Charles Elloie, Orleans Parish Criminal District Court, State of Louisiana, be and he hereby is disqualified from exercising any judicial function during the pendency of further proceedings in this matter, pursuant to La. Const. art. V, § 25(C) and Supreme Court Rule XXIII, § 27.

This order shall be effective immediately-

/s/ Jeannette Theriot Knoll

Justice, Supreme Court of Louisiana

CALOGERO, C.J.,

would grant respondent’s motion for time to respond to the Judiciary Commission’s recommendation for immediate disqualification from office and desists from voting regarding removal of x-espondent from office at this time for the reasons assigned.

JOHNSON, J., dissents and will assign reasons.

CALOGERO, Chief Justice,

granting respondent’s motion.

IH respectfully disagree with the majority’s denial of Respondent’s motion for time beyond seven days to respond to the Judiciary Commission’s Recommendation for Immediate Disqualification. Respondent on September 29, 2006, received his first notice that there had been filed in this court a recommendation for immediate disqualification. Upon receiving the notice, Respondent hired an attorney who — for reasons personal to that attorney — has filed a motion for time to file a brief in response to the Commission’s recommendation for immediate disqualification. While Respondent has in the past neglected to respond to the Judiciary Commission, he has not had the opportunity to respond to the Commission’s recent filing in this court. In my view, the court should refrain from ruling on the Judiciary Commission’s recommendation for immediate disqualification without benefit of the Respondent’s lawyer’s brief in opposition thereto; therefore, I would have granted Respondent’s motion for time and given him ten additional days to file his brief.

Furthermore, I would desist at this time from voting on the Commission’s recommendation for immediate disqualification. I would not remove Respondent from office by interim disqualification without his having presented his argument in brief for the court’s consideration. This is not to say that I disagree or agree with the Commission’s recommendation. I simply would not act on that recommendation 12without benefit of Respondent’s contrary arguments as presented for him by his attorney

JOHNSON, J.

dissents and assigns reasons:

hi would grant the Respondent’s motion which would allow his attorney additional time to respond to the Judiciary Commission’s Recommendation for Immediate Disqualification. The Respondent should be afforded the opportunity to respond to the Commission’s recent filing in this Court before removing him from office. I would not vote on the Commission’s recommendation for immediate disqualification without giving Judge Elloie this opportunity to be heard.  