In Re Inquiry Concerning a Judge, No. 15-222
369 N.C. 538
| N.C. | 2017Background
- On December 16–17, 2015, Durham police located a vehicle registered to Judge David Q. LaBarre with its engine running and LaBarre slumped in the driver’s seat; officers detected a strong odor of alcohol and observed vehicle damage consistent with unsafe driving.
- LaBarre exhibited slurred speech, could not complete field sobriety tasks, tested positive on an initial portable breath test, refused a second breath sample and a voluntary blood draw, and was belligerent and profane toward police and EMS personnel throughout the incident.
- A blood sample was obtained pursuant to a search warrant; LaBarre was cited for driving while impaired, later pleaded guilty, and received 12 months unsupervised probation plus fines, assessment/treatment, and community service, all completed.
- LaBarre admitted the factual allegations to the Judicial Standards Commission, expressed remorse, stipulated to relevant facts, and voluntarily resigned his emergency-judge commission and agreed not to seek another.
- The Commission found that LaBarre’s impaired driving and abusive conduct toward law enforcement and EMS violated Canons 1 and 2A of the North Carolina Code of Judicial Conduct and constituted conduct prejudicial to the administration of justice under N.C. Gen. Stat. § 7A-376(b), and recommended censure.
- The North Carolina Supreme Court reviewed the record, adopted the Commission’s findings and conclusions as supported by clear, cogent, and convincing evidence, and ordered that LaBarre be censured.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether driving while impaired violated Canons 1 and 2A and constituted conduct prejudicial to the administration of justice | Commission: DUI by a judge undermines integrity and public confidence; violates Canon 1 (preserve integrity) and Canon 2A (respect law; promote public confidence) and § 7A-376(b) | LaBarre: admitted the facts and agreed his conduct was a lapse in judgment; no opposing argument to findings | Court adopted Commission: DUI violated Canons 1 and 2A and amounted to conduct prejudicial to administration of justice; supports public censure |
| Whether belligerent, offensive behavior toward law enforcement/EMS violated Canons 1 and 2A and warranted public discipline | Commission: abuse of officials while on duty aggravated misconduct and further eroded public confidence; merits more than private caution | LaBarre: admitted the behavior, cooperated, expressed remorse, and resigned emergency commission; no contest to disciplinary conclusion | Court adopted Commission: belligerence violated Canons 1 and 2A, constituted conduct prejudicial to administration of justice, and supported censure |
Key Cases Cited
- In re Mack, 794 S.E.2d 266 (2016) (describing the Supreme Court’s original-jurisdiction review and standard for adopting Commission findings)
- In re Hartsfield, 722 S.E.2d 496 (2012) (discussing scope of review and requirement that Commission findings be supported by clear and convincing evidence)