Board of Ethics in the Matter of Jordan Monsour & Walter Monsour

The Board of Ethics (“Board”) filed formal charges against respondents, Walter Monsour and Jordan Monsour. Respondents filed separate motions for summary judgment with the Ethics Adjudicatory Board (“EAB”), seeking dismissal of the charges and attaching exhibits in support of their motions for summary judgment. The Board opposed the motions and attached exhibits in support of its opposition. Respondents filed a reply memorandum, arguing the exhibits attached to the Board’s opposition did not constitute competent evidence because they were unsworn, unverified, and not self-proving. The EAB denied respondents’ objections to the Board’s exhibits and admitted them into evidence. At the end of the hearing, the EAB took the motion for summary judgment under advisement. Respondents sought supervisory review of the ruling admitting the exhibits into evidence. The court of appeal found the EAB erred in admitting the Board's exhibits, because these exhibits did not meet the requirements of La. Code Civ. P. arts. 966 and 967. Accordingly, the court reversed the EAB’s ruling and remanded for further proceedings. Two judges dissented in part, and would have allowed the Board, on remand, to submit competent evidence prior to a ruling on the motion for summary judgment. The Louisiana Supreme Court concluded the evidence produced in connection with motions for summary judgment in these administrative proceedings had to conform to the same requirements applicable to civil proceedings. Accordingly, the Court affirmed the judgment of the court of appeal and remanded the case to the EAB for further proceedings. View "Board of Ethics in the Matter of Jordan Monsour & Walter Monsour" on Justia Law