Louisiana Supreme Court
From Judgepedia
The Louisiana Supreme Court is the highest state court in Louisiana. It has its judicial roots in 18th century French and Spanish governments. The court includes seven justices who are elected in partisan elections from seven districts. In 2008, two seats on the court are in play electorally; see Louisiana Supreme Court elections.
Its jurisdiction was amended in 1980, effective July 1, 1982, when criminal appellate jurisdiction was transferred from the Supreme Court to the courts of appeal, except in cases where the death penalty has actually been imposed. At that time the Court of Appeal, Fourth Circuit, the busiest court of appeal in the state, was split to form the Fourth and Fifth Circuit Courts of Appeal. The Supreme Court retained jurisdiction to review judgments of the courts of appeal in both civil and criminal cases. Under the constitution the jurisdiction of the Supreme Court in civil cases extends to both law and facts. In criminal matters, its jurisdiction extends only to questions of law.[1]
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Current Justices
The Supreme Court's Justices are elected via partisan election. The seven Justices of the Louisiana Supreme Court are:
- Pascal Calogero (retiring at the end of 2008)
- Jeffrey Victory
- Jeannette Theriot Knoll
- Chet Traylor
- Catherine Kimball (her seat is up for election)
- John Weimer
- Bernette Johnson
Accusation that justices favor campaign contributors
A study entitled "The Louisiana Supreme Court in Question: An Empirical and Statistical Study of the Effects of Campaign Money on Judicial Function" was published in early 2008 in the Tulane Law Review. It was written by Tulane comparative law professor Vernon Palmer and John Levendis, an assistant professor of economics at Loyola. The controversial study maintains that in 181 civil cases between 1992 and 2006, the justices have been significantly influenced by campaign donations in making their decisions.[1]
Palmer says he initiated the study when his preferred reform--a rule barring the Supreme Court members from hearing cases in which their campaign donors are participants--was ignored.
In response to the study, Chief Justice Calogero on June 12 posted on the Supreme Court's website a 39-page rebuttal authored by Phelps Gay and Kevin Tully, and a 7-page critique by Robert Newman, Janet Speyrer, and Dek Terrell.[1],[1]
Notable rulings in 2008
Notable rulings from the Louisiana Supreme Court in 2008:
- The court unanimously overturned the use in New Orleans of private attorneys to collect overdue property taxes.[1]
- They gave a legal victory to thousands who sued the city of New Orleans, its public housing authority and its school board for putting their homes and school on a toxic waste dump without warning them.[1]
- They kept alive a lawsuit by two heirs who say that when Tulane re-organized after Hurricane Katrina, it merged male and female undergraduate colleges in a way that violated the intent of a major long-ago donor.[1]
- The court upheld the part of Louisiana's online sexual predator law that had been declared unconstitutional by Calcasieu Parish district court judge Wilford Carter. The case concerns Ray Hatton, who is accused of setting up a date for oral sex with someone he believed was a 14-year-old girl, but was actually an adult police officer. Carter had ruled part of the law unconstitutional.[1]
History of the court
Under French rule
Before 1712, only the existential rule of explorers existed--but in that year, a French charter created, and bestowed, a Superior Council with executive and judicial powers. Four years later, the court reorganized and became a court-of-last-resort for civil and criminal cases. In 1802, France would regain the Louisiana territories (after 33 years of Spanish-rule), but sell them to the United States via the Louisiana Purchase in 1803.
Under Spanish Rule
French rule gave way to Spanish dominance in 1769, when the territorial rule of the French Superior Council was replaced by the Spanish establishment of Cabildo. Cabildos consisted of executive judicial officers, falling into one of two categories: regidors or alcaldes.
Even though Spain "legally possessed" Louisiana from 1769-1800, it's control over the region extended until 1803. [1]
During the American Revolution, Spain reluctantly entered on the side of the Revolutionaries, but made it known that they joined the fray as an ally of France--not the United States.[1]
Alcaldes
The alcaldes were judges who had general jurisdiction over New Orleans. They were selected by regidors. In minor cases, they were final arbitrers; for appeals cases, two regidors and one alcalde would preside.
Regidors
Regidors were superior judges who appointed alcaldes. Neither elected or appointed, they purchased their judgeship.
As an United States entity
W.C.C. Claiborne was the first judicial appointment by federal leadership (Claiborne had even been a one of Jefferson's chosen commissioners to receive the territories within the Louisiana Purchase from the French). Claiborne replaced the Cabildo in New Orleans, and established a Court of Pleas (consisting of seven judges) in its stead. Judges on the Court of Pleas had limited civil and criminal jurisdiction, while Claiborne reserved for himself jurisdiction over more serious cases and appellate jurisdiction over the Court of Pleas.
Antebellum and the Civil Code
During the Antebellum period, the Louisiana Supreme Court heard some 1,200 slavery-related appeals. In most cases, the slaves were not recognized as "plantiff" or "defendant", but were often categorized as objects. Of the appeals heard by the Court during this time, "warranties in the sale of slaves was by far the most common issue."[1]
Because much of Louisiana law was a legal derivative of French, Spanish and Roman law, its Civil Code contained customized regulations where the sale of slaves was involved.
To understand the rulings of the Louisiana Supreme Court, it is necessary to remember not only the Civil Code but the entire civil law system of which the court was a descendant. At the time Louisiana entered the federal union many inhabitants of the state feared the imposition of the American common law system, which would have been a new law in a foreign language, and a threat to the power and prestige of those notaries, attorney, and judges practicing the civil law.[1]
When Louisiana joined the Union, leaders and plebs alike believed the more widely practiced forms of common law would impede upon and errode the Louisian judicial status quo.
The intent of Louisiana's constitutional authors and legislative officials was to suffocate judicial discretion by attaching their judicial concept of justice with that of the prevailing, Louisiana-specific, civilian concept. This especially had consequences on slavery. Additionally, the orchestrated movement between constitutional fathers and legislators resulted in a constitutional limit to high court jurisdiction. Under it, the state's highest court could only rule on questions of civil dispute. These rulings had to be justified by citing the exact legislative act or Civil Code article upon which it was based. As a result, implied law and principles of equity were relegated outside Louisiana's judicial system.
Under Legislative Rule
In 1813, the first legislature of Louisiana enacted a judiciary article requiring Supreme Court judges to be "learned in the law." In 1844, the Louisiana Constitutional Convention adopted a judiciary article that proved to be much more detailed than its 1812 forebearer.
Removal From Office
Louisiana judges may be removed in one of two ways:
- On recommendation of the state's judiciary commission, the supreme court may censure, suspend remove, or retire judges.[1]
- Judges may be impeached by the house of representatives and removed by a two-thirds vote of the senate."[1]
See Also
External Links
- Louisiana Supreme Court Official Site
- Map of Judicial Districts
- Louisiana Legal, website about all Louisiana legal issues.
- Louisiana law blog
