JUDGE SHOULD STEP ASIDE

Jefferson Parish Judge Ronald Bodenheimer deserves the same assumption of
innocence that's granted to every criminal suspect in this country.

The FBI arrested the 24th district judge this week, accusing him of
conspiring to plant drugs on a man who had been critical of the way Judge
Bodenheimer operates his eastern New Orleans marina. The judge and Curley
Joseph Chewning of Chalmette were booked with distributing and possessing
with the intent to distribute the painkiller OxyContin as well as
conspiring to do those things.

Despite the salacious nature of the allegations, the judge is an innocent
man until proven guilty and will be afforded the opportunity to defend
himself in court.

The fact that Judge Bodenheimer hasn't been found guilty of a crime,
though, doesn't mean that he should be hearing cases. The reputation of a
judge should be impeccable; therefore, a judge who is under arrest in
connection with such a serious offense isn't the best person to hear cases.

Judge Bodenheimer should ask permission from the Louisiana Supreme Court to
take a leave pending the outcome of these accusations.

Not only has his integrity been brought into question, but the fact that he
is in jail means that he couldn't perform his judicial duties even if he
wanted to.

According to the Code of Judicial Conduct, judges are supposed to avoid
both impropriety and the appearance of impropriety. They are supposed to
"act at all times in a manner that promotes public confidence in the
integrity and impartiality of the judiciary." Even if the judge doesn't
request a leave of absence, a spokeswoman for the Supreme Court said the
state's Judiciary Commission would probably ask Judge Bodenheimer to show
cause why the court should not suspend him. He should request a leave
before it gets to that point.

Judge Bodenheimer is the owner of the Venetian Isles Marina in eastern New
Orleans. According to the FBI, a witness has been giving the bureau
information since 1999 about the marina, including allegations of drug
trafficking and safety, permit and zoning violations. Last year, a teen-age
boy was electrocuted while using a conveyor belt at the marina. Faulty
wiring has been blamed for the accident, and the boy's family has filed
suit against Judge Bodenheimer.

The judge has not yet been indicted, but FBI documents include some
startling allegations. They accuse Judge Bodenheimer and an accomplice of
plotting to set up his critic, a man who was, unbeknownst to them, an FBI
witness. They say the judge conspired to plant OxyContin in the witness' car.

The FBI had received a federal judge's permission to electronically monitor
conversations Judge Bodenheimer was having with his alleged accomplice and
others. Federal agents say they recorded the judge vowing to retaliate
against the FBI witness, and that when he did, the witness, "ain't gonna
know what's hit him."

During a trial, the FBI's allegations could be proved false. Judge
Bodenheimer may convince a judge or jury that he's innocent and win an
acquittal.

But he shouldn't be on the bench right now. If only temporarily, he needs
to step aside. A person facing serious criminal charges of his own should
not be in a position to judge others.