Louisiana Supreme Court

Louisiana Supreme Court

Seal of the Louisiana Supreme Court
Established 1813
Country Louisiana Louisiana, United States United States
Location New Orleans, Louisiana
Authorized by Louisiana Constitution
Decisions are appealed to Supreme Court of the United States
Website Official website
Chief Justice
Currently Bernette Joshua Johnson
Since February 1, 2013
Louisiana
This article is part of a series on the
politics and government of
Louisiana


After a 20-year renovation, the Court returned to the Louisiana Supreme Court Building in New Orleans' French Quarter in 2004.[1]

The Supreme Court of Louisiana is the highest court and court of last resort in the U.S. state of Louisiana. The modern Supreme Court, composed of seven justices, meets in the French Quarter of New Orleans.

The Supreme Court, and Louisiana state law, are historically based in the colonial governments of France and Spain during the 18th century. The current Supreme Court traces its roots back to these beginnings.

French and Spanish colonial government

Under the colonial governments of France and Spain, the courts of Louisiana existed in several different forms. In 1712, a charter granted by France created a Superior Council with executive and judicial function which functioned as a court of last resort in both civil and criminal cases. In 1769, Spain gained control over the Louisiana territory, and the Superior Council was replaced with the Cabildo. The Governor of the territory held the power of having final authority in cases.

American colonial government

In 1803, Louisiana became a territory of the United States. In 1804, Congress created a three judge Superior Court for the territory and gave the Legislative Council the power to create other courts. In 1807, the newly elected Legislative Council created courts in each of the territory's nineteen parishes. These courts were courts of general jurisdiction with an appeal lying to the Superior Court.

The Court under the state government of Louisiana

Constitution of 1812

In the first Constitution for the state of Louisiana, one Supreme Court was created and the Legislature was given the power to create inferior courts. The number of judges was fixed to be not less than three and not more than five who were to be appointed by the Governor. The Court was required to sit in New Orleans and Opelousas.

Constitution of 1845

The 1845 Constitution created a Supreme Court composed of one Chief Justice and three Associate Justices appointed by the Governor to eight-year terms. The Court sat in New Orleans.

Constitution of 1852

The 1852 Constitution increased the number of Justices on the Court to five, and all became elected by the people. The Chief Justice was elected at-large by the entire state and the Associate Justices were elected from four districts throughout the state. The Justices served ten-year terms.

Constitution of 1864

In 1864, the Justices again became appointed, and their term length was decreased to eight years.

Constitution of 1868

The 1868 Constitution did not change the makeup or terms of the Supreme Court, however, it did change and expand its jurisdiction in civil cases to include nearly all types of cases.

Constitution of 1879

The post-Reconstruction Constitution of 1879 substantially modified the organization of the Louisiana judiciary. The Constitution created the Supreme Court, Courts of Appeal, District Courts and Justices of the Peace. The Supreme Court retained five justices, but they were now appointed by the Governor and served twelve-year terms. For the first time, the Supreme Court was given supervisory power over the inferior courts.

It also gave more limitations to the opportunity to vote by people of color.

Constitution of 1898

In 1898, the Supreme Court's jurisdiction was further expanded. The Court was given original jurisdiction over the bar. New Orleans was fixed as the seat of the Supreme Court. The Chief Justice was determined by the senior justice in point of service.

Constitution of 1913

The Constitution of 1913 affected the Court by requiring that the members of the judiciary be elected instead of appointed.

Constitution of 1921

In 1921, the Court gained two seats, increasing the number of justices to seven. Due to having a large backlog in its docket, the Court was authorized to sit in panels of three. The Supreme Court was also given the power to remove lower court judges from office.

Constitution of 1974

The current Louisiana Constitution of 1974, as amended in 1980, provides for a Supreme Court composed of a Justice elected from each of seven Supreme Court Districts, serving a term of 10 years. The Chief Justice is not elected separately from the other justices (as is the case in other states, such as with the Texas Supreme Court); under Article V, Section 6, the "judge oldest in point of service on the supreme court" (i.e., the justice with the longest tenure on the Court) serves as the Chief Justice.

Jurisdiction and appeals

The Court has original jurisdiction over matters arising from disciplinary matters involving the bench and bar pursuant to La. Constitution Article V, section 5 (B).

The Court has exclusive appellate jurisdiction (i.e. all intermediate courts of appeals are bypassed) over 1) any case where a law or ordinance of this state has been declared unconstitutional, or 2) when a defendant has been convicted of a capital crime and the death penalty has actually been imposed pursuant to La. Constitution Article V, section 5 (D). In all other matters, the Court has regular appellate jurisdiction from the lower Courts of Appeals.

Death penalty appeals are automatic as a matter of right. All other appellate review of lower court decisions in the state is obtained by the writ of certiorari process as provided for by Article V, Section 5 (A) of the Louisiana Constitution of 1974, and Rule X of the Supreme Court Rules.

The Court has general supervisory and rule making authority over all the lower state courts pursuant to La. Constitution Article V, section 5 (A).

On certain questions involving the persons who serve as judges at any level under the constitution of the State of Louisiana, the Louisiana Supreme Court may entertain recommendations from the Judiciary Commission of Louisiana, a nine-member advisory body.[2]

Current composition

Greg G. Guidry, Associate Justice, First Supreme Court District

Main article: Greg G. Guidry

Justice Guidry was elected to the Louisiana Supreme Court as an Associate Justice for the First Supreme District on November 4, 2008 with 160,893 votes (60%) while his opponent Judge Jimmy Kuhn received 108,541 votes with all precincts reporting.[3] Justice Guidry began service in January, 2009. He was formerly a judge on the Louisiana Fifth Circuit Court of Appeal, where he was elected in August, 2006. Additionally, he served as a District Court Judge on the Twenty-Fourth Judicial District Court for the Parish of Jefferson for 6 years. He is a 1985 graduate of the Louisiana State University Law Center where he was inducted into the Order of Coif and selected for the Louisiana Law Review on the basis of grades. He was also awarded a Rotary Foundation Scholarship for International Understanding. During the scholarship year, Judge Guidry studied classical civilizations and Roman law at the University of the Witwatersrand in Johannesburg, Republic of South Africa.

Scott Crichton, Associate Justice, Second Supreme Court District

Scott Crichton was unopposed to succeed Justice Jeffrey P. Victory, who did not seek reelection. Both are Republicans from Shreveport in the Second Supreme Court District. Judge Victory earned his Juris Doctor from Tulane University in 1971. He served as a District Judge for the First Judicial District Court of Caddo Parish from 1980 to 1990. In 1991, he served as an Appellate Judge on the Louisiana Court of Appeal, Second Circuit. On January 1, 1995, Victory took his seat as an Associate Justice of the Supreme Court; his retirement was effective on December 31, 2014.

Jeannette Theriot Knoll, Associate Justice, Third Supreme Court District

Main article: Jeannette Knoll

Justice Jeanette Theriot Knoll is a native of Baton Rouge who has long resided in Avoyelles Parish, Louisiana and represents the Third Supreme Court District of Louisiana. Justice Knoll earned her Juris Doctor from Loyola University in 1969. In 1982, she was elected as an Appellate Judge of the Louisiana Court of Appeal, Third Circuit. On January 1, 1997, Justice Knoll took her seat as an Associate Justice of the Supreme Court.

Marcus R. Clark, Associate Justice, Fourth Supreme Court District

Main article: Marcus R. Clark

Upon the retirement of Republican Justice Chet D. Traylor of Winnsboro in Franklin Parish, representing the Fourth Louisiana Supreme Court District, voters in a special election on October 17, 2009, chose another Republican, a state district court judge from Monroe, Marcus R. Clark (born 1956), to fill the position. Clark defeated fellow Republican Jimmy Faircloth of Alexandria and Pineville, who carried the support of Governor Bobby Jindal. Faircloth had been executive counsel to Jindal prior to the Supreme Court campaign.

Jefferson D. Hughes, III, Associate Justice, Fifth Supreme Court District

Justice Jefferson D. Hughes, III, a Democrat-turned-Republican, represents the Fifth Supreme Court District of Louisiana. With the retirement of Chief Justice Catherine D. Kimball in January 2013 and the retirement of former Chief Justice Pascal F. Calogero, Jr. at the end of 2008, Justice Hughes was appointed Pro Tempore to fill in until an election could be held. Justice Hughes won the election to the Louisiana Fifth Supreme Court District on December 8, 2012, over the Democrat John Michael Guidry, an African American circuit court judge, who had led in the first round of balloting on November 6.[4] Hughes was a judge on the 21st Judicial District Court from 1990 to 2005, and later a judge on the First Circuit Court of Appeals from 2005 to 2013. He earned his Juris Doctor from Louisiana State University Law School.[5]

John L. Weimer, III, Associate Justice, Sixth Supreme Court District

Justice Weimer (No Party) is from Lafourche Parish, Louisiana and represents the Sixth Supreme Court District of Louisiana. Justice Weimer earned his Juris Doctor from Louisiana State University in 1980. In 1995, he was elected District Judge for the 17th Judicial District Court. In 1998 he was elected as an Appellate Judge for the Louisiana Court of Appeal, First Circuit. He served in that capacity until he took his seat as Associate Justice of the Supreme Court in 2001.

Bernette Joshua Johnson, Chief Justice, Seventh Supreme Court District

Justice Johnson [6] is from New Orleans and represents the Seventh Supreme Court District of Louisiana. Justice Johnson earned her Juris Doctor from the Louisiana State University Law Center in Baton Rouge 1969. In 1984, she was elected District Judge for the Civil District Court for Orleans Parish. In 1994, she was elected Chief Judge of that Court. Justice Johnson began serving on the Supreme Court in 1994. She was not elected but appointed to the post after the U.S. government sued the state to insure that at least one seat on the Supreme Court be held by a minority person. The state expanded the court from six to seven seats and appointed Johnson at that time.[7][8] She is the first African-American woman to serve on the Louisiana Supreme Court and the first to become Chief Justice.

Seniority of justices

The seniority of the justices on the Louisiana Supreme Court was disputed in the summer of 2012 after Chief Justice Kimball announced her retirement.[9] The Louisiana Constitution, Art. 5, § 6, provides that "The judge oldest in point of service on the supreme court shall be chief justice."[10] When Justice Bernette Johnson, an African-American, was elected in 1994, she technically filled a seat on a state appeals court but was assigned to serve on the Supreme Court on a full-time basis under the terms of a federal consent decree.[11] Justice Jeffrey Victory, who was elected to the Supreme Court in 1995, has contested Johnson's elevation to Chief Justice, arguing that she only became a full-fledged Supreme Court justice in 2000, when Johnson was first elected to fill a permanent seat on the Court.[12] Others, such as New Orleans Mayor Mitch Landrieu, support Justice Johnson's claim to be the most senior justice.[13] Justice Johnson filed a federal lawsuit in the matter on July 5, 2012.[14] On September 1, Federal District Court Judge Susie Morgan ruled that Johnson had seniority.[15] Governor Bobby Jindal stated that it should be left to the state to interpret its constitution, and filed an appeal a week later.[16] He then asked the 5th U.S. Circuit Court of Appeals to review the lower court's decisions.[17] On October 16, 2012, the Louisiana Supreme Court ruled that Johnson would become the next Chief Justice.[18]

Johnson, J. (1994-2000 as state appellate judge on permanent assignment to the Supreme Court; 2000–present as elected Supreme Court justice); Knoll, J. (1997); Weimer, J. (2001); Guidry, J. (2009); Clark, M. (2009); Hughes, J. (2012); Crichton (2015)

See also

Notes

  1. ↑ http://www.lasc.org/Bicentennial/lasc_history.aspx
  2. ↑ The membership and functions of Louisiana Judiciary Commission are described by the Louisiana Supreme Court site on the Judiciary Commission (accessed 17 September 2010). See, e.g., Keith Bardwell.
  3. ↑ The Times-Picayune, Supreme Court results from NOLA.com, November 19, 2008, http://www.nola.com/elections/index_ao.ssf?/elections/content/ap_elex_topraces.ssf
  4. ↑ "Louisiana election returns, December 8, 2013". staticresults.sos.la.gov. Retrieved July 28, 2013.
  5. ↑ http://www.lasc.org/about_the_court/justices_bio.asp
  6. ↑ "Louisiana Supreme Court Justices". Louisiana Supreme Court. Retrieved 11 July 2012.
  7. ↑ "Louisiana Supreme Court Justices". Louisiana Supreme Court. Retrieved 11 July 2012.
  8. ↑ The Associated Press (July 6, 2012). "3 federal judges recuse themselves from Louisiana Supreme Court justice's lawsuit". The Times-Picayune. Retrieved 11 July 2012.
  9. ↑ Tilove, Jonathan (July 9, 2012). "Marc Morial, Cedric Richmond ask Justice to block effort to keep Bernette Johnson from becoming chief justice". The Times-Picayune. Retrieved 10 July 2012.
  10. ↑ "Louisiana Constitution, Art. 5". Louisiana State Senate. Retrieved 10 July 2012.
  11. ↑ The Associated Press (July 6, 2012). "3 federal judges recuse themselves from Louisiana Supreme Court justice's lawsuit". The Times-Picayune. Retrieved 10 July 2012.
  12. ↑ Tilove, Jonathan (July 9, 2012). "Marc Morial, Cedric Richmond ask Justice to block effort to keep Bernette Johnson from becoming chief justice". The Times-Picayune. Retrieved 10 July 2012.
  13. ↑ The Associated Press (July 6, 2012). "3 federal judges recuse themselves from Louisiana Supreme Court justice's lawsuit". The Times-Picayune. Retrieved 10 July 2012.
  14. ↑ The Associated Press (July 5, 2012). "Lawsuit filed over naming chief justice on state Supreme Court". The Times-Picayune. Retrieved 10 July 2012.
  15. ↑ Tilove, Jonathan (September 1, 2012). "Judge Susie Morgan rules Bernette Johnson has seniority to be next chief justice". The Times-Picayune. Retrieved 9 September 2012.
  16. ↑ Finn, Kathy (September 8, 2012). "Louisiana governor appeals ruling on black supreme court justice". Reuters. Retrieved 9 September 2012.
  17. ↑ http://www.nola.com/politics/index.ssf/2012/09/lawyers_for_justice_bernette_j.html
  18. ↑ http://www.nola.com/crime/index.ssf/2012/10/bernette_johnson_will_be_next.html

Coordinates: 29°57′21″N 90°03′58″W / 29.955706°N 90.066004°W / 29.955706; -90.066004

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