A judge in Louisiana has been banned from a restaurant after he allegedly used a racial slur during an argument with a black woman over a seat at its bar.
State District Judge Mike Erwin has yet to publicly respond to the allegations that he called the female customer a “n—–“ at least twice while at Sammy’s Grill on Highland Road in Baton Rouge on Feb. 3.
The woman, Kaneitra Johnson, wrote about the incident the following day in a now-deleted Facebook post. Johnson, who could not be reached for comment on Friday, confirmed to The Advocate that she wrote the post.
Several messages seeking comment from Erwin’s office were not returned on Friday. He also declined to comment to The Advocate two times earlier in the week, instead issuing a “no comment” through two staff members, the newspaper reported.
Casey Rayborn Hicks, a spokesperson for the East Baton Rouge Sheriff’s Office, said a report on the incident had not yet been filed as of Friday afternoon.
“I’m hoping for today,” Hicks wrote in an email to The Post.
Hicks declined to comment when asked whether Erwin denied using the slur or if deputies plan on interviewing him again. She told The Advocate that deputies at the restaurant spoke with customers who said they didn’t hear the conversation and could not confirm that the judge used the slur.
“There was a disagreement between patrons, but no arrest or criminal charges or anything,” Hicks told the newspaper.
A manager at the restaurant, Andy McKay, said Erwin had been barred from the establishment, telling The Advocate that staffers were notified by owner Sammy Nagem that Erwin’s business would be “refused” going forward.
Both McKay and Nagem were unavailable for comment on Friday.
Valerie Willard, a spokesperson for the Louisiana Judiciary Commission, which oversees judicial misconduct in the state, said the nine-member body holds confidential investigatory hearings upon receiving complaints of possible misconduct by judges. If the commission determines that the state’s code of judicial conduct has been violated, the body can make recommendations to the Louisiana Supreme Court, which can ultimately issue penalties ranging from censure or removal of judges, commissioners, magistrates, justices of the peace and mayors who perform judicial functions.
Any complaints connected to the alleged incident at the restaurant or an investigation initiated by the body itself would be confidential at this point, Willard told The Post.
“The rationale is to ensure due process,” she said.
Willard also confirmed that the commission has no record of reported disciplinary cases involving Erwin.
Messages seeking comment from the Louisiana State Bar Association regarding Erwin were not immediately returned Friday.
Erwin, a 67-year-old Louisiana native, is the most senior judge in the 19th Judicial District. He was elected to the bench in 1991 and won his fifth six-year term in 2014. He previously worked as an assistant city prosecutor in Baton Rouge City Court and as an assistant district attorney with the East Baton Rouge Parish District Attorney’s Office, according to his court biography.
Erwin was also assigned a traffic case against Johnson in 2010, according to court records cited by The Advocate. Johnson said she didn’t recognize Erwin in her Facebook post, nor did she realize he was a judge until after speaking with deputies following the argument.
On Friday, The Advocate called on Erwin to end his silence surrounding the “troubling” allegations.
“We’re not sure what happened between Erwin and Johnson, but the circumstances of the incident argue for something more than silence from Erwin,” according to an editorial by the newspaper.
“A judge’s key responsibility is judgment. If that judgment is shown to be deeply flawed, he can no longer fulfill his duty to ensure equal justice under the law.”
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