The Louisiana Supreme Court on Friday and fast-tracked a lawsuit challenging a new state law that reduced the number of judges in New Orleans courts.
Criminal District Judge John Fuller sued Gov. Jeff Landry and other state officials, asking the courts to block the provision of Act 748 that eliminates three sections of criminal court by Jan. 1. Landry signed the measure into law last month.
Fuller, the newest member of the criminal court bench, argues that the Louisiana constitution to change the number of judges in Louisiana and that both chambers fell shy of the mark.
Cardell Hayes' attorney John Fuller speaks as he leaves the Orleans Parish Criminal District Court building after the sentencing of Cardell Hayes in the shooting of former Saints defensive end Will Smith in New Orleans, Thursday, April 20, 2017. Cardell Hayes was sentence to 15 years for attempted man slaughter and 25 years for manslaughter.
Advocate Staff photo by SOPHIA GERMER
State officials claim the measure didn’t need a supermajority for passage. They cite an exception for New Orleans municipal offices from the 1974 constitutional convention. The delegates made Crescent City courts “subject to change by law” with a simple majority, the state argues.
Judge Tarvald Smith of the 19th Judicial District this week enjoined state officials from enacting any provision of Act 748 until after the qualifying period, which runs Aug. 5-7.
That left open a door for Fuller and the two others with seats marked for elimination — Judges Rhonda Goode-Douglas and Simone Levine — to run for re-election.
Murrill vowed to appeal Smith’s injunction. Fuller’s attorney, Jerome Matthews, asked the state’s high court to step in.
The Supreme Court halted proceedings at the lower courts and gave Murrill and others until next week to file any oppositions to Fuller’s claims.
Matthews said he expects the court to rule before Aug. 5, given its expedited track.
“Whoever lost at the (appeals court) would’ve just had to go to the Supreme Court anyway,” he said. “So … let’s just go straight to the Supreme Court to get a ruling.”