Judge fires two district attorney employees, motion to recusal judge filed

NEW ORLEANS (WVUE) – A New Orleans judge expelled First Assistant District Attorney Jason Williams and another prosecutor's office employee from his courtroom Wednesday morning after prosecutors filed a motion to recuse the judge.

The Orleans District Attorney's Office filed a motion asking Judge Ben Willard to recuse himself from a first-degree rape case due to alleged inappropriate conduct.

In that motion, prosecutors allege that a male juror made inappropriate comments to a female prosecutor's office employee this week, but Willard told the employee, “Don't come back. You're a distraction.”

It is not clear whether Willard removed the male juror. The prosecution wants Willard removed from the case, claiming he cannot be fair and impartial.

On Wednesday morning, First Assistant District Attorney Ned McGowan, who is not prosecuting the rape case, went to court to argue Willard's motion to disqualify.

Willard refused to argue the motion at the time. Eventually, McGowan called the judge a “coward.” Willard then stood up, walked toward McGowan and ordered officers to escort McGowan and another DA staffer out of the courtroom.

“When I have seen this kind of behavior from lawyers, they were usually sent to the Orleans Justice Center for at least 24 hours. So the judge showed great restraint,” said defense attorney Lionel Lon Burns.

On Wednesday, the jury heard some testimony in the rape trial. A state appeals court has since suspended the trial. The defense considers this motion to be a diversionary tactic.

“I think it's a waste of jury time, a waste of taxpayer money and I don't think Mr. Jason Roger Williams would support such a thing,” Burns said.

Joe Raspanti, legal expert at FOX 8, said it was important to get the process back on track.

“Whether it's excluding certain people from the courtroom, the judge, the jury or none of them, something has to be found to move things forward,” Raspanti said.

In court, Willard told FOX 8 that in his 21 years of service, he had never been asked to recuse himself from a case.

On Thursday, another judge will consider the prosecutor's request that Willard recuse himself from the rape trial.

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