Judiciary

U.S. Judge Reveals Details of Discipline Case, Seeks Release of Secret Dissent

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A New Orleans federal judge is revealing more details of the disciplinary case against him and is seeking release of a secret dissent to an impeachment recommendation.

U.S. District Judge Thomas Porteous has until Thursday to file a memo to address impeachment issues, the Times Picayune reports. Porteous’ lawyer, Lewis Unglesby, says his client shouldn’t be impeached. He says an argument for a lesser response was already made in a confidential 50-page dissent written by four judges.

“They can release everything,” Unglesby said. “Judge Porteous fears nothing regarding this process other than the process itself.”

The 5th Circuit’s disciplinary panel recommended impeachment in December, finding Porteous committed four categories of offenses in a brief six-page order. The 5th Circuit panel said the judge had made false statements under oath during his personal bankruptcy, engaged in deceptive conduct in securing a loan, accepted gifts from lawyers who appeared before him, and filed inaccurate financial disclosure statements.

Now Porteous has shed more light on the allegations.

The panel found Porteous and his wife filed for bankruptcy using the names G.T. Ortous and C.A. Ortous, the story says. The couple later amended the court papers and supplied their real names. He also was found to have concealed assets during the case, failed to identify gambling losses and omitted creditors. He continued to get short-term loans from casinos, the panel said.

The panel also found Porteous renewed a loan six months before he sought to discharge his debts by signing a form that said he was not contemplating bankruptcy.

Unglesby told the newspaper that the actions weren’t appropriate but the bankruptcy judge eventually learned of them and discharged the case anyway. Unglesby said the misdeeds did not rise to federal criminal conduct and don’t justify impeachment. He also said the loan promise was an oversight. He is calling for a public reprimand rather than impeachment.

The U.S. Judicial Conference is currently considering the case and may take it up by mail ballot or telephone conference before its next meeting in September.

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