Judge Bradberry publicly censured for misconduct in divorce, custody case

Published 3:51 pm Tuesday, February 28, 2023

Newly elected 3rd Circuit Court of Appeal Judge Guy Bradberry has been publicly censured by the Louisiana Supreme Court as punishment for judicial misconduct.

Bradberry had been under investigation by the Judiciary Commission of Louisiana related to a complaint filed over his handling of a 2021 divorce and custody battle of a Lake Charles financial planner.

The commission, the branch of the Louisiana Supreme Court that oversees judges, received the complaint against Bradberry in July, accusing the judge of failing to personally observe a high standard of conduct as to preserve the integrity and independence of the judiciary; failing to avoid impropriety and the appearance of impropriety; and failing to respect and comply with the law and to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary. In his response to the allegations filed on Oct. 11, Bradberry told commission members he did not initially know at the time of the meeting with the businessman about the case pending before him and after he learned of it, discontinued the conversation.

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Bradberry was also accused of engaging in communications designed to influence his judicial action, failing to timely disqualify himself in a proceeding in which his impartiality might be questioned, and engaging in willful misconduct.

The commission said after being contacted by the businessman in March about a pending divorce and custody case assigned to his court, Bradberry walked to the man’s downtown office from the courthouse and met with him. Bradberry is accused of discussing substantive issues beyond scheduling or administrative matters during the visit and again in a text message.

The man’s attorney later filed a complaint against the judge, who was already on the Judiciary Commission’s watch over a 2019 “deferred recommendation of discipline agreement.’’ The terms of that agreement had not yet expired when the 2021 complaint was filed against the judge.

While the Judiciary Commission of Louisiana acknowledged Bradberry did ultimately recuse himself from the financial planner’s divorce case — citing the businessman is a member of his church — he was accused of continuing to privately offer counsel on the custody battle and presiding over a stipulation reached between the two parties before doing so.

Bradberry, who spent two decades as a family and juvenile court judge in the 14th Judicial District, eventually came to an agreement with the commission for a 30-day unpaid suspension along with a public censure and the requirement to pay $1,548 in court costs. Bradberry also admitted he violated multiple judicial canons when he communicated with the financial planner in the custody and divorce case pending before him.

“He is remorseful and has accepted responsibility for the negative light his conduct brought upon the judiciary, and he has committed to refrain from such conduct in the future,” Bradberry and the commission said in their joint petition for consent discipline.

The Supreme Court softened the requested punishment on Friday to public censure. That decision was opposed by two Supreme Court judges — including the chief justice.

‘’The majority’s action here is unprecedented, being the first time this court, in a judicial disciplinary matter, has rejected a consent sanction as being too harsh,’’ Chief Justice John wrote in his dissent. ‘’And, the majority does so without explaining why a departure from the recommendation of the harsher sanction (previously agreed to by the respondent Judge) is warranted.’’

Justice Jay McCallum wrote that Bradberry’s willingness to agree with the Judiciary Commission’s suggested suspension showed that he “obviously believed that it was appropriate under the circumstances,’’ and that he would have accepted the original agreement.

Voters elected Bradberry to the 3rd Circuit late last year.