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STATE OF LOUISIANA NUMBER:
J-3868 IN THE INTEREST OF JUVENILE
COURT JESSE RAY BEARD LASALLE
PARISH, LOUISIANA MOTION TO RECUSE THE HON. J. P.
MAUFFRAY, JR.
NOW
INTO COURT, through undersigned counsel, comes JESSE RAY BEARD, a juvenile, who
moves the Court as follows: 1. Jesse
Ray Beard (Jesse Ray) has been charged with a delinquent act as a juvenile and
will therefore face adjudication in which the trial judge will be the sole
determiner of fact. 2. The
Honorable J.P. Mauffray, Jr. presides in this matter. 3. Judge Mauffray has made numerous statements, on numerous
occasions, in different procedural postures (as will be further discussed at
any hearing resulting from the instant Motion), to numerous individuals, which
make clear he has pre-judged not only Jesse RayÕs guilt, but the disposition
for Jesse Ray as well. 4. A judge
must be recused when he is biased, prejudiced, or personally interested in a
case. 5. Where
the judge is the finder of fact, a judgeÕs comments expressing his belief that
a defendant is guilty may be grounds for recusal. WHEREFORE, DEFENDANT PRAYS that Judge
Mauffray recuse himself
from this and all other matters involving Jesse Ray, or in the alternative,
that a hearing be granted in front of an impartial judge to determine whether
Judge Mauffray be recused from this and all other
matters involving Jesse Ray. RESPECTFULLY
SUBMITTED: ___________________________ DAVID
J. UTTER Juvenile
Justice Project of Louisiana 1600
Oretha Castle Haley Blvd. New
Orleans, LA 70113 Telephone: (504) 522-5437 Fax: (504) 522-5430 STATE OF LOUISIANA NUMBER:
J-3868 IN THE INTEREST OF JUVENILE
COURT JESSE RAY BEARD LASALLE
PARISH, LOUISIANA MEMORANDUM IN SUPPORT OF MOTION TO RECUSE THE HON. J. P. MAUFFRAY, JR. May It Please The Court: JESSE RAY BEARD (ÒJesse
RayÓ), by and through counsel, respectfully moves this Court, pursuant to
Louisiana Code of Criminal Procedure Article 671, Article I Section 2 of the
Louisiana Constitution (Due Process), Article I Section 3 of the Louisiana
Constitution (Right to Individual Dignity), and the 5th and the 14th Amendments
to the United States Constitution, to recuse the Hon.
J. P. Mauffray, Jr., from presiding over this case. This is a juvenile matter
wherein Jesse Ray is prohibited from having a jury determine his guilt or
innocence. See, e.g., La. Ch. C.
Art. 808 (West 2008) (ÒAll rights guaranteed to criminal defendants by the
Constitution of the United States or the Constitution of Louisiana, except the right to jury trial, shall be
applicable in juvenile court proceedings.Ó) (emphasis added). Judge Mauffray
will, therefore, be the sole determiner of fact in all proceedings in this case. Generally, a judge must be recused when
he is biased, prejudiced, or personally interested in a case. La.C.Cr.P.
art. 671. Indeed, article 671
mandates recusal where, for any reason, a judge is unable to conduct a fair and
impartial trial. As is applicable
in the instant matter, where the judge is the finder of fact, a judgeÕs
comments expressing his belief that a defendant is guilty may be grounds for
recusal. State v. Willis,
915 So.2d 365 (La App.3 Cir. 2005). Judge Mauffray has made numerous statements, on numerous
occasions, in different procedural postures (as will be further discussed at
any hearing resulting from the instant Motion), to numerous individuals, which
make clear he has pre-judged not only Jesse RayÕs guilt, but the disposition
for Jesse Ray as well. Indeed,
Judge Mauffray has expressed his belief generally
that Jesse Ray and his African-American friends are guilty, not only of the
misconduct alleged in this matter, but of several other acts of misconduct as
well. Additionally, Judge MauffrayÕs actions and statements in various proceedings
for other Jena 6 members demonstrate his inability to conduct fair and
impartial proceedings for Jesse Ray Beard. Judge Mauffray should, therefore, recuse himself.
In the alternative, should Judge Mauffray
refuse to do so, a fair and impartial court should do so for him. In any delinquency
proceeding[1]
– and particularly in a delinquency case with the eyes of the world
watching – it is imperative that Òjustice satisfy the appearance of
justice." In Re Murchison, 349 U.S. 133, 136, 75 S.Ct. 623, 625, 99 L.Ed. 942, 946
(1955) (quoting Offutt v. United States, 348 U.S. 11, 14 (1955)). Thus, our courts have found that Òeven
the appearance of impartiality, as well as impartiality itself, outweighs the
inconvenience caused by the recusal of the trial judge." State v. LeBlanc, 367 So.2d 335,
341 (La. 1979), citing State v. Lemelle, 353
So.2d1312 (La. 1977). As the
federal courts have held: The question is not whether the judge is impartial
in fact. It is simply whether another, not knowing whether or not the judge is
actually impartial, might reasonably question his impartiality on the basis of
all the circumstances. Rice v. McKenzie, 581 F.2d 1114, 1116-17
(4`'' Cir. 1978). See also Hall
v. Small Business Administration, 695 F.2d 175, 179 (5th Cir. 1983)
(disqualification required Òif a reasonable person, knowing all the
circumstances, would harbor doubts about his impartiality.Ó). Although
judges in small towns like Jena may know extra-judicial facts about parties who
come before them, all judges are expected to act fairly and impartially.[2] Judge MauffrayÕs
statements, however, to participants in proceedings, and his behavior in Jesse
RayÕs case and other cases known as the Jena 6, show that he is so personally
interested, biased, and prejudiced, that he is unable to conduct a fair and
impartial trial. See La. C.
Cr. P. art. 671(1). For
reasons stated in this Motion, article 671 sections (1) and (6) require that
Judge Mauffray be recused from presiding over Jesse
RayÕs case. Judge Mauffray should, therefore, recuse
himself from this and all other matters involving Jesse Ray. In the alternative, a hearing should be
granted in front of an impartial judge.
As will be shown at such a hearing, there is no question that Judge Mauffray should be recused because he is biased,
prejudiced, and personally interested in this case and cannot conduct a fair
trial. Date: _____________________ RESPECTFULLY SUBMITTED: ___________________________ DAVID
J. UTTER Juvenile
Justice Project of Louisiana 1600
Oretha Castle Haley Blvd. New
Orleans, LA 70113 Telephone: (504) 522-5437 Fax: (504) 522-5430 C E R T I F I C A T E I hereby certify that a
copy of the foregoing motion has been served upon Mr. Reed Walters, Assistant District Attorney, Parish of
LaSalle, on this the ___ day of ______________, 2007. ___________________________________ DAVID J. UTTER STATE OF LOUISIANA NUMBER:
J-3868 IN THE INTEREST OF JUVENILE
COURT JESSE RAY BEARD LASALLE
PARISH, LOUISIANA ORDER Considering
the foregoing motion, it is ordered that Jesse Ray Beard be granted a hearing
herein and that same be heard on the ___________ day of ____________________,
at ___ oÕclock AM/PM, contradictorily with the State of Louisiana. Jena,
Louisiana, this ___ day of ___________________, 2008. ___________________________________ JUDGE
J. P. MAUFFRAY, JR. [1] The standard for recusal is the same for both delinquency and criminal proceedings. See Ch.C. art. 803. ÒWhere procedures are not provided in this Title, or otherwise by this Code, the court shall proceed in accordance with the Code of Criminal Procedure.Ó [2] In addition to the mandates in Article 671, the Louisiana Code of Judicial Conduct provides that a judge Òshall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciaryÉA judge shall not allow family, social, political, or other relationships to influence judicial conduct or judgment.Ó See Louisiana Code of Judicial Conduct, Canon 2, 8 LSA-RS. |
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