NEW ORLEANS – A Jefferson Parish judge is “devastated” by a Louisiana Supreme Court ruling that removed her from the bench, according to her attorney.
Judge Joan Benge was ordered out of her post in a ruling over whether she had allowed a relationship with another judge to influence her decision in a case.
The court's ruling cited evidence that Benge awarded money to a man who had sued over a traffic accident even though she privately said the suit had no merit.
“She is devastated,” said her attorney Franz Ziblich. “She felt the same way we all felt coming out of oral arguments. We all felt really good, and she is devastated.”
FBI agents investigating broader allegations of judicial misconduct taped a 2001 conversation between Benge and former state Judge Robert Bodenheimer in which he lobbied her to rule in favor of the plaintiff, whose lawyer was one of Benge's campaign donors.
Bodenheimer was one of more than a dozen defendants convicted in the FBI's "Operation Wrinkled Robe" investigation.
Benge was scrutinized for her ruling in a lawsuit brought by Phillip Demma, a screening officer for the Jefferson Parish Juvenile Court and a reserve deputy sheriff. Demma sued the other driver in a collision that he blamed for a cracked tooth.
Demma's lawyer, John Venezia, had asked for $23,323 in damages, but Benge only awarded $4,275 to his client.
During her taped conversation with Bodenheimer before she ruled, Benge said she would "zero" the case "if it wasn't for
Venezia."
In the court's 42-page ruling, Chief Justice Catherine "Kitty" Kimball said Benge's conduct shouldn't be excused because she imposed a less generous damage award than Bodenheimer had lobbied for.
"She was an experienced litigator when she took the bench, and she undoubtedly knew how wrong it was to be pressured by anyone, much less another judge, to award undeserved damages and 'throw a case,"' the ruling said.
"We don't understand why a $2,000 judgment was considered to be out of line,” said Ziblich. “I can assure you if I was going to fix a case or judge whether a case was fixed, I wouldn't believe $2,000 would cross the line relative to that aspect."
Ziblich said Benge's only option is to request a re-hearing before the Louisiana State Supreme Court but that they wanted to analyze the ruling before making a decision.
nola09 said on November 7, 2009 at 10:30 AM
Let's see: Joan Benge removed from bench former Jefferson Parish prosecutor Ronald Bodenheimer removed from bench former Jefferson Parish prosecutor Alan Green removed from bench former Jefferson Parish prosecutor Martha Sassone temporarily removed from bench by LA Supreme Court, permanently removed from bench by voters former Jefferson Parish prosecutor Calvin Hotard, Jr. resigned weeks before hearing to removed from bench former Jefferson Parish prosecutor G. Thomas Porteus US Fifth Circuit recommends removal from bench, impeachment imminent former Jefferson Parish prosecutor Anyone see a pattern here?
nightplumber67 said on November 8, 2009 at 7:36 AM
During her taped conversation with Bodenheimer before she ruled, Benge said she would "zero" the case "if it wasn't for Venezia." Then it seems that Venezia was the only reason she ruled against the defendant. I was in Gretna Court in 2004 for an incident going before Bodenheimer. They had no case other than what someone said had happened. I told my Attorney to go to trail which he advised against. These were his exact words, "With you it's about principles. In here, right now it's about money." I think it was months later Bodenheimer was indicted. From that point on I came to the conclusion that we have the wrong people in jail. We have criminals presiding over criminal cases. And believe me, the Criminal Attorneys know this.
milpoliceladyvet said on November 8, 2009 at 7:49 PM
I was thinking of avoiding this perticular comment, but I can't. I guess I'm just a person who want's justice to prevail. There has to be a way of testing the morals of each judge before the elections. Once they are in office on the bench they must rule on each case independently. Some of the cases brought to trial especially small general court are rediculas. They waste the city's money. Like neighbor on neighbor. I have to stifle myself from cracking up at some cases. I am not very politically involved but I am patriotic, and feel the Judges should not be approached by others to try to influence their decisions. Each judge should stick to their own court room and such matters. For Judge Benge, I don't know who sought out who. But If the litigants feel the were wronged they can seek a new trial. Judge Hotard, well that's a different ball of wax. I personally knew of his wrongful dealings with my exboss. I couldn't do any thing to change the situation. I needed my job
johnolagues said on November 9, 2009 at 8:10 PM
Its obvious that the Judges in the 24th Judicial District need a lot of work. But what is not mentioned is that the criminals who operate the Jefferson Parish District Attorney's office should be jailed for a series of State and Federal felonies committed against me and my children and I am sure thousands of others, whose lives they have ruined. While Mr. Connick and his punk assistants, dumbed-down so called attorneys, then go to meetings and promote themselves as friends of families and children, when the truth is just the opposite.They fill the jails with people for minor drug charges or traffic offenses but never prosecute government connected fraudsters. While our wonderful Attorney General Caldwell, a second string footballer from Tulane puts on Elvis costumes and gets drunk singing Blue Suade shoes, while pursuing Acorn to pander to the "white conservative" vote. As Charlie Mcarthy from Kenya further demoralizes America and winks at Wall Street banksters. God save America