DeSoto judge avoids discipline under agreement with Louisiana Judiciary Commission

MANSFIELD, La. —  DeSoto Parish Judge Nicholas Gasper has admitted violating Louisiana's Code of Judicial Conduct after the Louisiana Judiciary Commission accused him of making lewd comments to an attorney who regularly appeared before him and making suggestive comments to court employees.

Under a Deferred Recommendation of Discipline Agreement filed Wednesday, the commission agreed to suspend disciplinary proceedings for three years rather than immediately recommend punishment to the Louisiana Supreme Court. If Gasper complies with the agreement during that period, the commission will not seek discipline related to the case.

The agreement stems from a Notice of Hearing the commission filed July 13 after investigating complaints involving Gasper's conduct.

According to the agreement, Gasper admitted his conduct violated Canons 1, 2A and 3A(3) of the Code of Judicial Conduct and constituted willful misconduct related to his official duties, as well as persistent and public conduct prejudicial to the administration of justice that brought the judicial office into disrepute under Article V, Section 25(C) of the Louisiana Constitution.

The commission also formally admonished Gasper "for making lewd comments of an inappropriate nature to an attorney who regularly appeared before him while attending a public luncheon, and, while acting in his official capacity and in the courthouse, making unprofessional and suggestive comments on two different occasions to two different members of court staff."

Gasper did not immediately respond to a request for comment. 

Allegations detailed 

According to the Notice of Hearing, Gasper, who took office in January 2021 and qualified this week for another term in office, attended a public luncheon where it was generally known he was a sitting judge. During the event, the commission alleged he made lewd comments of an inappropriate nature to an attorney who was regularly in his court.

The commission further alleged that, while acting in his official capacity inside the DeSoto Parish courthouse, Gasper made unprofessional and suggestive comments on two separate occasions to two different members of his court staff.

The Notice of Hearing alleges those incidents demonstrated "a pattern of making unprofessional comments with sexually charged undertones to those with whom you interact in your official capacity."

The commission alleged the conduct violated judicial ethics rules requiring judges to maintain high standards of conduct, promote public confidence in the judiciary, and be patient, dignified and courteous to court staff.

Terms of the agreement

Rather than proceed immediately with a disciplinary hearing, the commission agreed to hold the case in abeyance for three years.

During that time, Gasper must complete three additional hours of continuing legal education each year beyond the state's required 12.5 hours. The coursework must focus on professionalism and ethics, preferably addressing sexual harassment, workplace power dynamics and toxic work environments. The courses must receive prior approval from the commission.

The agreement also requires Gasper to work with a mentor judge. He must meet in person with the mentor at least four times during the first year and at least twice each year during the second and third years. He must submit written documentation of each meeting, including the date, length and topics discussed.

The agreement states that any additional meritorious complaints filed against Gasper during the three-year term would constitute a default. Complaints already pending when the agreement takes effect would not.

If the commission determines Gasper violates the agreement, the disciplinary case would be reopened. Under the agreement, Gasper would be deemed to have admitted all factual and legal allegations contained in the Notice of Hearing, and the commission would recommend that the Louisiana Supreme Court suspend him without pay for 15 days.

Previous caution

The Notice of Hearing also cites previous misconduct.

According to the commission, Gasper previously was cautioned in 2020 for knowingly making a false statement in campaign materials about his judicial opponent and for failing to verify the accuracy of a statement regarding the opponent's experience.

The deferred discipline agreement states Gasper's admissions are made solely for purposes of the agreement and are not binding in any other legal proceeding. If he successfully completes the three-year agreement without violating its terms, the commission will not recommend discipline to the Louisiana Supreme Court in this matter.