IN RE: THE REPORT OF THE JUDICIAL INQUIRY COMMISSION IN THE MATTER OF THE INVESTIGATION OF THE JUDICIAL AND ETHICAL CONDUCT OF JUDGE EMERY S. PAYE
LRSC 27
JUDGMENT
When the case was called for hearing, Counsellor Emmanuel B. James appeared as Amicus Curiae for the Supreme Court. Counsellors J. Lavela Supuwood and Lavela Koboi Johnson appeared for the respondent judge, His Honour Emery S. Paye.
Having heard the legal arguments and the facts and circumstances presented in the captioned proceedings by the Amicus Curiae and the Respondent Judge, in oral arguments and in their respective briefs, appertaining to the Report of the Judicial Inquiry Commission on the violation of the Judicial Canons and the commission of ethical transgressions against the Code of Ethics, done by Respondent Judge, His Honour Emery S. Paye; and having further carefully reviewed, examined and studied the entire records, the issues and the contentions raised, as well as the laws cited and relied upon; and being satisfied that the Report submitted by the Judicial Inquiry Commission is supported by the facts and the law; and convinced that the said Respondent Judge, His Honour Emery S. Paye, did violate Judicial Canons Numbers Eight, Nine and Ten, did engage in conduct in violation of the Code of Ethics prescribed for the governance of judicial proceedings, did violate several statutory laws governing the administration of impartial and transparent justice; and did commit acts of serious magnitude against his oath, warranting penalties befitting of and commensurate with the gravity of the legal, moral and ethical transgressions committed by him, it is hereby:
ADJUDGED:
That the Report of the Judicial Inquiry Commission, inclusive of its findings of the facts and of the law governing this matter, as well as its recommendations of the penalty for the violations and ethical transgressions of Judge Emery S. Paye, is hereby fully endorsed, approved and affirmed. Accordingly, Judge Emery S. Paye is hereby ordered suspended as a Circuit Court Judge for a period of six (6) months, commencing four (4) days from the entry of this judgment. We further hold that during the period of his suspension, Judge Emery S. Paye shall receive no salaries, benefits and other emoluments which he would otherwise be entitled to, including the vehicle currently assigned to him. It is also the decision of this Honourable Court that should Judge Paye repeat any acts or violations of the Judicial Canon, the Code of Ethics, of the oath taken by him, and be adjudged guilty in that respect, this Court shall make the appropriate recommendations for his permanent removal from office as a judge, with the loss of all entitlements, benefits, emoluments, pensions, etc. to which he may be entitled if honourably retired.
The Clerk of this Court is hereby ordered to send a mandate to all courts of the Republic informing them of this judgment, to have the Respondent Judge similarly informed of this judgment and decision; and to have all of the appropriate authorities informed to ensure compliance with the judgment of this Court and that they will act consistent with law. Costs are disallowed. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA THIS 20TH DAY OF FEBRUARY, A.D. 2013.