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BATON ROUGE, La. (WAFB) - Prosecutors with District Attorney Hillar Moore’s office recently found themselves before a district court judge who accused the DA’s office of just wanting to “stick every ni**er in jail,” according to a court transcript of the April 2024 proceeding inside the 19th Judicial District Court in Baton Rouge.

View the transcript below:

Court transcript showing Judge Johnson- Rose's profanity-laced rant during bench conference.(WAFB)

Judge Eboni Johnson Rose made those comments shortly after questioning prosecutors about multiple delays in the case of a Black man accused of domestic violence.

She said it appeared prosecutors had not even contacted the alleged abuse victim in two years. When asked about it, one of the prosecutors explained to the judge that he had just gotten the case.

According to the court minutes, things came to a head when Judge Rose realized this was the fourth time the case would be rescheduled. That’s when she called attorneys to the bench for a conference and things went off the rails.

Judge Rose told prosecutors if they could not bring forward a witness that very day she was not going to let the man plead guilty to anything.

“He won’t be able to get this sh*t expunged off his record,” the judge said. “Most people don’t care about young black men but I do and he won’t be able to have no firearms.”

The judge also explains her theory to prosecutors as to why she believes they have not been able to contact the victim.

“It’s a reason that they couldn’t get her - because she don’t want to be here,” the judge said.

According to the transcript, Judge Rose then accused the District Attorney’s Office of targeting black people:

JUDGE ROSE: 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 ya’ll want too.

PROSECUTOR MORGAN: Of course, your honor.

JUDGE ROSE: This is the fourth time. And this case is god damn four years old now. And that’s the best that ya’ll can come up with? You’re just going to, what, stick every ni**er in jail?”

PROSECUTOR MORGAN: Your honor, that is not at all the intention of the District Attorney’s Office.

The court minutes reflect that Judge Rose uses the actual slur during the proceeding.

19th Judicial District Attorney Hillar Moore was appalled by the comments made by the judge. He said he does not believe the comments to be her true feelings, adding that she is a nice woman. He did; however, fire back against her accusations against his office, calling them wrong.

“It’s just completely and wholly untrue,” said Moore. " We do not see our cases that come in as color. We see them as victims and defendants and we treat them all alike. It doesn’t matter what their color is.”

LSU law professor Ken Levy calls the comments improper.

“It’s inappropriate. Judges of all people should not be using that kind of language,” said Levy. “I understand she was angry and upset and maybe even justifiably so, but as a judge, you just can’t use that kind of language.”

The judge ended her courtroom rant by saying that she wants to do the right thing. However, her version of the right thing has been put in question recently.

“It’s not a good look for the judiciary,” said Levy.

Last month, the State Supreme Court said Judge Rose flat out made a mistake on the bench in the case of Bridgette Digerolamo, a woman who was accused of waving a gun at a group of people who were driving through her neighborhood and pushing flood waters toward her home. Justices said Judge Rose broke the rules by getting with the jury - privately- even after she had accepted their verdict. That led to the jury re-considering the case, and eventually changing their verdict. The supreme court unanimously cleared the woman of all charges.

About a week before that ruling, the same judge fumbled a sexual assault case against former Baton Rouge Police Department officer, Donald Steele. Steele was accused of sexually harassing a woman during a traffic stop. The judge chose to clear the former officer of any wrong-doing after she first convicted him. The final outcome on that case is still in question as it makes its way through the appeal process. District Attorney Hillar Moore has said the judge’s actions denied the accuser true justice in the case.

Some of Judge Rose’s decisions have led to more violent outcomes. Back in November 2021, she ordered Billy Pettice have his ankle monitor removed while he was out on bond. He was accused of murdering his girlfriend along College Drive in Baton Rouge. While out— and ankle monitor free – he was accused of attacking another woman and her kids.

In February 2022, she let another man, Luke Simmons, out on bond for a homicide on Spanish Town Road. He was later accused in a separate drive-by shooting.

”Violent people - those people they need to be detained because otherwise, other people are going to get hurt and that is in fact what happened,” said Levy. “Other people have gotten hurt because she let these people out on bonds,” he said. “There’s a difference between up non-violent drug users and convicting them and putting them away for way too long and that is something that she seems to be working on counteracting but the remedy for that is not to let violent people out on bond. There has to be a balance here.”

While Levy says he supports what the judge is trying to do in cutting down on holding some non-violent people in prison, he says her methods need work. Levy says the rant on the bench that the WAFB I-TEAM uncovered is just another example of questionable actions by the judge.

While he does not believe she should be suspended or removed as a judge, Levy hopes judge Rose learns from these missteps moving forward.

“People make mistakes. We all make mistakes and judges make mistakes and I certainly hope she is trying to do better,” said Levy.

The WAFB I-TEAM emailed Judge Rose’s office for comment about the bond decisions and the comments she made.

Diana Gibbens, Judicial Administrator for the 19th Judicial District Court, responded to the email.

Gibbens said that judges are prohibited from commenting on pending matters.

“All judges set bonds according to applicable law and based up on the individual facts of the case,” Gibbens said. “Bench conferences or ‘side-bar 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,” she added.

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