Louisiana

The pandemic has affected our civil justice system in many ways, yet perhaps the most important role access to justice entities can play in the near future is to advocate for the retention of remote access systems for court appearances as well as for the delivery of legal and self-help services.

In the past few months, there have been encouraging updates in several states aimed at more effectively addressing the legal needs of disaster survivors. Two states—Louisiana and Texas—implemented various tools to help streamline litigation arising from these disasters.

In mid-April, the Louisiana Supreme Court announced changes to its rules to increase public access to judicial discipline proceedings. With these changes, Louisiana joins the growing tide of states that are embracing transparency—a key component of IAALS’ recommendations for judicial discipline systems.

Alabama has passed legislation, SB 47 (Act 2012-492), which requires the Alabama Supreme Court to adopt expedited trial procedures for cases in circuit court where the amount in controversy does not exceed $50,000. In contrast, Louisiana also passed legislation, HCR 81, which requests the Louisiana State Law Institute study jury trial procedures and make recommendations for an expedited or summary jury trial program.

The campaign for a seat on Louisiana’s supreme court has taken a negative turn, with the Democratic candidate sponsoring an ad attacking Republican Jeff Hughes’ record as a trial court judge.

Two supreme court candidates who face a December runoff have taken different tacks in their campaigns. While one candidate has discussed his position as "pro-life, pro-gun and pro-traditional marriage" and a supporter of the death penalty, the other has not publicly shared his views because he does not want to risk having to recuse himself from hearing cases involving controversial issues in the future.

In the dispute over who should replace Kitty Kimball as chief justice when she steps down in early 2013, a federal district court judge ruled that Justice Bernice Johnson’s service from 1994 to 2000 as part of a civil rights case settlement should count toward her seniority. Attorneys for the state had argued that the issue should be decided by the state supreme court, and they have appealed the ruling to the U.S. Court of Appeals for the Fifth Circuit.

Two supreme court justices are disputing which of them has seniority and should replace Chief Justice Kitty Kimball when she steps down next year. Justice Bernette Johnson was serving on an intermediate appellate court in 1994 when she was appointed to the supreme court as part of a federal consent decree, and she was elected in 2000.

U.S. Senator and possible 2015 gubernatorial candidate David Vitter urged the state legislature to examine the current process for choosing judges—i.e., partisan elections—and consider moving to merit selection.