When she called a burglary suspect the n-word in her front yard, and again in her home in the presence of her children and friends, Michelle Odinet violated state codes of conduct for judges and lawyers, the state Office of Disciplinary Counsel says.
Odinet's use of "profanity," as her pleadings classify the n-word, is protected by the First Amendment and isn't a violation of any state rules, her attorney argues. Moreover, since it happened at her home, on a weekend and not in the practice of law, discipline against her for doing so would be a violation of law, her lawyers argue.
Last week, a hearing was held in Lafayette on formal charges lodged against Odinet by the state ODC, which is the agency that handles complaints and discipline against attorneys licensed to practice in Louisiana. There's a separate agency, the Judiciary Commission, which handles discipline and complaints against judges. Although complaints were filed against Odinet while she was a judge, once she resigned the case was passed to the ODC for handling, because she's still an attorney.
The decision regarding discipline against her hasn't been announced.
KATC Investigates has obtained the entire file - as of December 19 - from the Louisiana Attorney Disciplinary Board. If you want to read it for yourself, scroll to the end of this story.
At issue is an incident that happened a year ago at Odniet's Lafayette home. A video, shared with the media and widely circulated online, showed a group of people watching surveillance video on a television. In the video, one person can be heard saying that his mother was yelling the n-word, and then a female can be heard repeating what she apparently said on the video, which included the n-word, to refer to a man caught on the property. She also referred to him as "a roach."
Police confirmed a man, who according to booking records is Black, was arrested for burglary at the home, which was Odinet's residence, and Odinet confirmed it was her on the video. Initially she said she had taken a sedative, but after a few weeks she took responsibility for the comments and resigned as a Lafayette City Judge. To read those stories, click here, here and here.
According to the file, complaints about the incident were made, and an investigation began. The formal charges were filed against Odinet in August 2022. Once she was served with those charges, the previously sealed matter became public record.
Those formal charges reiterate what was heard on the video, and allege that Odinet's use of those words constitutes violations of two canons of judicial conduct as well as one rule of the Louisiana Code of Professional Conduct.
One canon states that a judge should adhere to a high standard of conduct, in order to protect the integrity and independence of the judiciary. The other states that a judge shall act with integrity and in such a way that it preserves the public's view of the judiciary as impartial - and states that "impartial" means the absence of bias or prejudice.
Here's a screenshot of the alleged violations:
The ODC asks that Odinet be found in violation of these rules and that discipline be issued against her. What, exactly, that discipline would be is not stated - other than the request that it be "public discipline" and that it include required education on "cultural competence."
In response, Odient's attorney, Dane Ciolino of Metairie, argues that, while her conduct was admittedly "profoundly offensive," it did not violate any rules of conduct and any discipline would "needlessly pick the scab of a public wound that has begun to heal."
Odinet's attorney aruges that her use of "profanity" on her own property is protected by the First Amendment - particularly because it occurred at her home and not in the context of the practice of law.
Her attorneys argue that she wasn't practicing law or presiding over a case, and that after her words were broadcast "without her consent," she didn't oversee another case as a judge. That means it is "impossible" that any prejudice or bias occurred. They argue that, because she never intended for anyone outside her home to hear those words, she wasn't trying to harass anyone.
The rules don't apply to a person's conduct in their private home, the attorneys argue.
According to the file, the ODC's evidence included video and audio from both the incident involving the suspect, as well as the video from inside the Odinet home as the family watched the surveillance video. It also included statements from two of her four children with Lafayette Coroner Dr. Ken Odinet, and from the coroner himself. The ODC submitted public statements issued at the time of the incident, including those from the Anti-Defamation League, a Lafayette City Council member and a state senator.
The file indicates the ODC took Odinet's deposition in October, then set the matter for hearing in November.
Filings from Odinet's attorneys indicate she admits what she did, and is remorseful.
"Ms. Odinet admits that she uttered the slur as alleged in the Formal Charges," the pleadings state. "She admits that her utterance was profane and offensive, and that it has subjected her to nationwide condemnation and public humiliation."
Because she's admitting the use of the words, she objected to the use of the video taken inside her home, as it would subject others to that same humiliation, the pleadings state. After some negotiating, the parties agreed to a protective order that sealed the videos that were used as evidence during the hearing.
According to the story presented by Odinet in the pleadings, the alleged burglary had broken into a truck in their driveway and they discovered him inside it when she pulled up to the house after picking up her children and others, all college-age kids, from Downtown Lafayette in the early morning hours of December 11, 2021. Two of her children jumped out of the car and tackled the alleged burglar; the pleadings state she uttered the n-word while rushing inside to awaken her husband, Lafayette's Coroner.
The ODC states that at least one of the young people present during the incident, as well as the rehash of the incident in her home, was a young woman she did not know, and had only met that morning. In addition, the ODC states, the mood of the people watching the video was "jovial," with most of them laughing. Present when the rehash video was shot were Odinet, her four children, the friend of one of her children who was the person she didn't know, and an adult male friend, the ODC says.
The record also reflects that the man appointed to take over Odinet's duties before she resigned, former Judge Ronald Cox of Lafayette, was going to testify as a character witness for her. He handled her cases between her taking leave and her resignation, which was a period of several weeks. Once she resigned, the state Supreme Court appointed someone else to handle her duties until an election was held.
Cox did not testify, however, because the ODC objected to his testimony. The ODC argued that he had not been identified as a witness until four days prior to the hearing, and the hearing committee upheld that objection.
This past week, retired state district Judge Jules Edwards was elected to serve out the remainder of Odinet's term on the City Court bench. It was Edwards, who is African-American, who ran unsuccessfully against Odinet when she was elected in the first place.
If you'd like to read the charges, responses and pleadings for yourself, here they are:
