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While Louisiana judges wield tremendous political influence, they are often sheltered from political backlash.
That doesn’t appear to be the case this year, after Gov. Jeff Landry threw down the gauntlet on the session’s first day. In a speech otherwise light on policy substance, he lashed out at “incompetent” judges, citing the case of a man from Washington who was “gunned down” in the French Quarter by a juvenile offender that the system was supposed to be monitoring.
Landry seemed to be endorsing Senate Bill 123 by Judiciary C Chair Jay Morris, a proposed constitutional amendment that would allow the governor and the Senate to suspend or remove a judge or district attorney. While that instrument has been assigned to Morris’ committee, he has other bills targeting the judiciary in New Orleans that are sure to stir controversy in Judiciary A.
SB197 would reduce from 12 to eight the number of judges on the 4th Circuit Court of Appeal in New Orleans. SB217 would reduce the number of civil judges in Orleans from from 14 to 12 and require a study about the number of judges needed on the criminal side.
Morris’ SB256 takes aim at one of those “only in Orleans” situations, calling for a single clerk of court to replace the separate positions that serve criminal and civil courts.
“A lot of these things will more closely align Orleans Parish with the way things are done in the rest of the state,” Judiciary A Chair Greg Miller says.
But Sen. Gary Carter, a member of the Orleans delegation who serves on Judiciary A, says he is concerned about the New Orleans-specific bills and wants to see the data that informed the proposals. He says the information he has seen suggests New Orleans needs more judges, not fewer.
“If we’re going to reduce the number of judges, how does that better our judicial system?” Carter says. “I don’t think it does.”
He also expresses concern about the constitutional amendment that would allow the governor and the Senate to undo the results of an election based on a potentially subjective determination of “incompetence.”
Carter wonders whether there is a way to address the issues that Landry, Morris and others have that also “protects the sovereignty of New Orleans and the electorate when we make voting decisions.”
“We’re certainly always open to any reforms that can make us better,” he adds.
On the other side of the Capitol, the House Judiciary has House Bill 911 by Rep. Dixon McMakin, which also calls for an overhaul of the court system in New Orleans to “establish consolidated public offices similar to the other 40 existing judicial districts in the state” as part of a “complete reform and modernization of the judicial components of Orleans Parish.”
“Anytime you mention New Orleans, it’s controversial,” House Judiciary Chair Robby Carter says. “That’s just automatic.”
His committee also will take up judicial pay raises (HB324), which could face a rockier road than in previous years. Carter notes that last year’s pay supplement was controversial, in part because they took it in one lump sum rather than over a year.
McMakin’s H597 would do away with the Judicial Compensation Commission, which makes salary recommendations to the Legislature, and instead let the Treasury determine judges’ pay based on the average of a five-year rolling index of the consumer price index.
Other bills that Judiciary A and House Judiciary will take up this year include:
—HB278 by Rep. Kathy Edmonston, who is vice chair of Judiciary: Provides for livestreaming the proceedings of the Family Court in East Baton Rouge Parish, the only such court in the state.
While this bill, which has seven co-sponsors, may not seem like a headline-grabber at first blush, it was spurred by explosive allegations of systemic favoritism and disregard for the law and proper procedure at the court that Associate Justice Jeff Hughes called “the worst thing I’ve ever seen in my 47-year legal career” in a letter to Edmonston.
—HB371 by Rep. Edmond Jordan: Would require the attorney general to provide legal representation to duly elected state officials and defend acts of the Legislature. Jordan says he was partly motivated by Attorney General Liz Murrill’s decision to switch sides in the Callais case and not defend the state’s congressional map before the Supreme Court.
“I’ll always do my job to the best of my ability consistent with my oath of office,” Murrill said in an email from her spokesperson.
—HB211 by Criminal Justice Chair Debbie Villio: Creates the crime of “unauthorized camping on public property,” which would be punishable with a fine of up to $1,000 and up to two years in jail for a second or subsequent offense. However, violators could be eligible for a “homelessness court” program meant to assist people who don’t have permanent homes and who may be suffering from addiction and mental health issues.
James Lee, Gov. Landry’s policy director, said at the recent Ellevate conference that the governor would back a measure along these lines.
—SB68 by Morris: Another proposed amendment, this one grants the Louisiana Supreme Court disciplinary jurisdiction over out-of-state lawyers working on cases in the state.
