Judiciary

Judge used N-word when questioning whether prosecutors were too aggressive, transcript shows

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Judge Eboni Johnson Rose headshot

Judge Eboni Johnson Rose of the 19th Judicial District Court in Baton Rouge, Louisiana, used the N-word and complained about a “piss-poor” resolution of a case while chastising prosecutors during an April hearing. (Photo from the 19th Judicial District Court website)

Updated: A Black judge in Louisiana used the N-word and complained about a “piss-poor" resolution of a case while chastising prosecutors during an April hearing, a transcript indicates.

Judge Eboni Johnson Rose of the 19th Judicial District Court in Baton Rouge, Louisiana, made the comments after criticizing delays in the case of a Black man accused of domestic violence, according to WAFB, which obtained the hearing transcript.

Rose commented that the man was going to plead guilty to “possession of a Schedule I,” which is a felony.

If prosecutors couldn’t produce a witness that day, Rose said, she would not allow the defendant to plead guilty to any crime. She also speculated that prosecutors haven’t been able to contact the alleged victim because she didn’t want to be in court, WAFB reported.

“He won’t be able to get this s- - - expunged off his record,” Rose said. “Most people don’t care about young Black men but I do and he won’t be able to have no firearms.”

Rose continued her rant, according to WAFB.

“The young man doesn’t have any fricking felonies. And I know that the DA probably wants every young Black man in prison, but I don’t. And I’m going to give these young people the opportunity to have a life. And I hope that’s what y’all want too. … This case is goddamn 4 years old now. And that’s the best that y’all can come up with? You’re just going to, what, stick every [N-word] in jail? … This is a piss-poor ass resolution to this case.”

Hillar Moore, the district attorney for the East Baton Rouge Parish and the 19th Judicial District, told WAFB that Rose’s comments were “completely and wholly untrue,” and lawyers in his office “do not see our cases that come in as color. We see them as victims and defendants, and we treat them all alike.”

The judicial administrator for the 19th Judicial District Court told the ABA Journal that judges can’t publicly comment on pending matters like the case before Rose.

The judicial administrator released this statement to WAFB, however: “Bench conferences or ‘sidebar discussions’ do not form part of the public record and typically are utilized to discuss the resolution of a case or of a matter within a case with counsel for both sides.”

Rose has also been criticized for some of her past decisions, according to WBRZ and the Advocate.

Two murder defendants she released on bond were later accused of new crimes, an assault and a drive-by shooting. The judicial administrator’s statement addressed the issue.

“All judges set bonds according to applicable law and based up on the individual facts of the case,” the statement said.

In another case, the Louisiana Supreme Court reinstated the acquittal of a gym teacher for felony aggravated assault following an error by Rose, the Advocate reported April 30.

After the acquittal, Rose consulted with jurors and learned that they had intended to convict the defendant of lesser charges. Rose allowed jurors to continue to deliberate and change their verdict, which was a double-jeopardy violation, the Louisiana Supreme Court said.

The new verdict was misdemeanor aggravated assault, according to the Advocate.

Updated May 15 at 1:35 p.m. to report that a judicial administrator said Judge Eboni Johnson Rose of the 19th Judicial District Court can’t comment on pending cases.

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