Judge found in contempt of court, Fine connected with unsolicited child support payments.

Judge found in contempt of court
Fine connected with unsolicited child support payments.
Richard Burgess


June 8, 2004

LAFAYETTE - A federal judge has fined a Jefferson Davis Parish judge $500 for violating a court order that he have no contact with an ex-secretary and ex-mistress who is suing him for sexual harassment, according to court papers filed into the record Monday.

U.S. District Judge Patricia Minaldi also ordered that Judge Wendell Miller have no communication with the media in connection with the case.

Heather C. Viator filed the lawsuit last year against Miller, alleging that after she broke off the relationship, Miller sexually harassed her and threatened to fire her if she did not have sex with him.

The contempt of court sanction is in connection with unsolicited payments Miller sent to Viator to support her son, which the judge said violated a court order that Miller have no contact with her while the lawsuit is pending.

The payments were not court-ordered child support, but Miller argued in court that he believes the child is his.

A separate paternity suit is pending that could determine if Miller is the father of the child and whether he will have visitation rights, according to court records.

Minaldi wrote in her ruling that no court has yet recognized that Miller has any rights over the child and that he was sending the checks "as a means of asserting paternity in an extra-judicial fashion, designed to harass and upset Ms. Viator in violation of this Court's order."

Minaldi gave no direct reasoning for her order that Miller have no contact with the media, but she did cite a recent interview in the Legal News of Southwest Louisiana in which Miller discusses the parentage of the child.

Miller, who has served as judge since 1997, has admitted in a written statement to having a long-term affair with the woman but denied harassing or threatening her.

Viator began working as a secretary for Miller in 1992.

She alleges in the lawsuit that she began trying to end her relationship with Miller in 2000 and quit in 2002 after he repeatedly asked her for sex, berated her when she refused and threatened to make it difficult for her to find another job if she left.

The woman also alleged that after she quit, Miller continued to harass her and make attempts to revive the relationship.