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Justice explains why he opposes Louisiana Supreme Court redistricting map – Louisiana Illuminator

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Justice explains why he opposes Louisiana Supreme Court redistricting map – Louisiana Illuminator


Five of the Louisiana Supreme Court’s seven elected justices went public this week with their support of a proposal to redraw their districts. One of those who isn’t on board is now explaining why. 

Associate Justices Willie Crain, James Genovese, Piper Griffin, Jefferson Hughes and Jay McCallum sent a letter Wednesday to the next governor, attorney general and legislative leaders endorsing their proposed map that creates a second majority-Black state Supreme Court district. The signatures of Chief Justice John Weimer and Associate Justice Scott Crichton were not on the letter.

In a separate letter sent Thursday to incoming state leaders, Crichton said he doesn’t oppose a second majority-minority district but objects to how it “obliterates” District 2, which he represents. The district’s current boundaries span northern Louisiana from its western to eastern borders. The proposed revisions would move District 2 toward the northeastern corner of the state and then have it reach southward along the Mississippi River.

Crichton will turn 70 years old, the mandated retirement age for Louisiana judges, in June and cannot run for reelection after his term ends Dec. 31, 2024. He said in his letter, a copy of which the Illuminator obtained Friday, that some 500,000 voters in his district will be disenfranchised for two years. Under boundaries the five justices propose, they will be moved into two new districts and have no representation on the court from Jan. 1, 2025, until elections are held in the two other districts for justices whose terms expire Dec. 31, 2026.

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Rather than use the map the five justices endorsed, Crichton wants the Louisiana Legislature to rework the boundaries to add a second majority-minority district. Griffin, who represents New Orleans-concentrated District 4, is the state Supreme Court’s only non-white justice.

“Importantly, I agree with my colleagues that malapportionment issues related to the Supreme Court must be resolved to create a second majority-minority district, for the reasons noted in their letter,” Crichton wrote. “I also prefer that our duly-elected representatives in the legislature adopt a plan to achieve that objective, rather than the federal courts doing so for us.”

Weimer could not be reached Friday afternoon to ask why he did not sign the letter the five justices sent Wednesday.

Louisiana Supreme Court justices want their districts redrawn

State lawmakers already plan to convene for a special redistricting session Jan. 15-23 after a federal judge set a Jan. 31 deadline for them to create a second majority-Black congressional district in Louisiana. The Republican-majority legislature has twice previously refused to add the second Black district, leading to a lawsuit over federal Voting Rights Act violations.  

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During the 2022 redistricting session, state lawmakers were presented with four different versions of new Louisiana Supreme Court districts. Three of them, all House bills, added a second majority-Black district and advanced from a redistricting committee, but none were brought up for a House floor vote.

Census numbers show Louisiana’s population of 4.67 million nearing one-third Black, which Democrats and voting rights advocates argue should be reflected through redistricting. Instead, the legislature maintained the status quo last year. In addition to staying with the current U.S. House makeup, lawmakers kept six of the eight elected positions on the Board of Elementary and Secondary Education as majority Black. They also left the racial composition of their own legislative districts unchanged.

Louisiana law doesn’t require state lawmakers to redraw boundaries for the Supreme Court districts, unlike the legally mandated decennial updates to boundaries for its U.S. House, legislative and state school board seats. But justices anticipate federal courts stepping if no changes are made.

In addition to the lawsuit challenging Louisiana’s congressional districts, Black voters have also sued to force changes to the racial makeup of state House and Senate seats. The U.S. Department of Justice has intervened for the plaintiffs in the latter case.

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Ankle monitoring company to face negligent homicide trial in Louisiana woman’s 2021 murder

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Ankle monitoring company to face negligent homicide trial in Louisiana woman’s 2021 murder


NEW ORLEANS (WVUE) – The Louisiana Supreme Court has ruled that a Mississippi-based electronic monitoring company can be tried for negligent homicide in the case of Peggy Beasley, a mother of three murdered by her estranged husband Marshall Rayburn.

The monitoring company AEM allegedly failed to report multiple breaches of a court-ordered security perimeter around Beasley’s home, which prosecutors say allowed Rayburn the opportunity to kill her.

“Had I thought he would do it, I would have never let my mom stay at her home by herself,” Beasley’s daughter, Devlin Hopper, said.

In August 2021, Beasley reported to St. Francisville authorities that Rayburn, from whom she was separated, had been drugging and raping her.

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Rayburn was arrested for second-degree rape, released on a $100,000 bond, and outfitted with an ankle monitor. He was instructed to stay away from Beasley’s home, with an exclusion zone programmed into the monitor.

Marshall Rayburn’s mugshot, taken after his arrest in August 2021.(Provided by West Feliciana Parish Sheriff’s Office)

Despite this, Rayburn breached the exclusion zone five times within four days, triggering notifications to AEM. However, the company failed to alert authorities.

Over the following weeks, Rayburn repeatedly violated the zone.

On Sept. 20, 2021, Rayburn entered Beasley’s home, hid in the laundry room with a gun and attacked her.

A neighbor heard the screams and tried to help.

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“Marshall put the gun to the neighbor’s chest and fired through her chest, through her back, and hit (Beasley) and killed her,” District Attorney Sam D’Aquilla recounted.

Rayburn then turned the gun on himself. Crime scene photos revealed Rayburn had wrapped his ankle monitor in aluminum foil to block the signal, a violation that also went unreported by AEM.

“He blatantly broke the rules. He tested them,” said Beasley’s son, Jared Crow. “The GPS data shows that.”

D’Aquilla charged AEM’s owner and an employee with negligent homicide for not reporting the violations.

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Beasley’s murder prompted new legislation requiring monitoring companies to report breaches or face penalties, including imprisonment and fines.

“It’s a slap in the face to the victims and the public,” D’Aquilla said. “These are dangerous individuals being monitored with no oversight.”

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The Louisiana Supreme Court has ruled that a Mississippi-based electronic monitoring company...
The Louisiana Supreme Court has ruled that a Mississippi-based electronic monitoring company can be tried for negligent homicide in the case of Peggy Beasley(Action News 5)

The law, effective January 1, will make Louisiana the first state to hold monitoring companies criminally accountable for failing to report violations.

“If you screw this stuff up, you can go to jail,” said Matt Dennis of ASAP Release, who is helping revamp state electronic monitor protocols.

Although the new law came too late for Peggy Beasley, her family hopes it will prevent future tragedies.

“That’s one of the hardest things for my brothers and daughters, knowing her life could have been saved so many times. It didn’t have to be this,” Hopper said. “We miss her. She was one of a kind. She truly was.”

The case against AEM will move forward after the Supreme Court upheld the indictment, which was initially appealed by the company.

“The system failed. We’re doing everything we can to hold somebody accountable for the death of their mother,” D’Aquilla stated.

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Fox 8 reached out to AEM for comment but received no response.

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Federal investigators will look into Bayou Lafourche crude oil spill • Louisiana Illuminator

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Federal investigators will look into Bayou Lafourche crude oil spill • Louisiana Illuminator


A federal agency is sending investigators to south Louisiana to look into the cause of a crude oil spill that has tainted a portion of Bayou Lafourche, a spokesman for the company where the accident took place said Monday.

As the third day of cleanup following the Saturday morning spill progressed, officials overseeing the cleanup calculated that 34,440 gallons of crude were released from a storage tank near Raceland. The oil originated from the Crescent Midstream Crude Oil Facility, spilling through a protective dike into a stormwater canal and eventually through a culvert under Highway 308 that flows into the bayou.

Michael Smith, public information officer for Crescent Midstream and the Unified Command overseeing the spill response, said the 34,440 gallons of oil — or 820 barrels — includes the amount spilled on the grounds of the facility. The accident does not involve the large cylindrical storage tank on the property, which Smith said was empty before Saturday.

Officials from the federal Pipeline and Hazardous Materials Safety Administration will be on site within the next few days, Smith said, confirming Crescent Midstream representatives had spoken with the agency Monday. They will begin an official investigation, taking over the informal work of the Unified Command, which is composed of state and local officials along with Crescent Midstream.  

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Meanwhile, work continues to capture the crude from the bayou. An advisory to conserve water remains in place for residents and business along Bayou Lafourche from south of the Louisiana Highway 182 bridge to Port Fourchon, a stretch that covers 55 miles. However, drinking water remains safe to consume, Lafourche Parish President Archie Chaisson said.  

Our news partners at WVUE-TV Fox 8 report that Lafourche Parish Water District No. 1 has issued a water conservation notice for all customers in the parish.

Chaisson reported Thursday evening that a fish kill was spot in the incident area. No immediate information was provided on the type or number of fish affected.

An update on the wildlife impact increased the death toll to 17 salamanders, in addition to the previously reported three turtles and one crawfish. Cleanup crews were able to capture one of three oil-covered ducks on the bayou. It was taken to a rehabilitation center for cleaning and care.

A black sheen trailing down the bayou remained visible Monday from aerial photographs. Crews were washing oil from the banks of the bayou and collecting it with skimmers, boom and vacuum trucks for disposal. More than a mile of boom — 6,800 feet — has been deployed on the bayou so far, according to Monday afternoon’s update from the Unified Command. 

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Smith stressed that oil dispersants, which are not approved for inland water use, are not among the methods being used to contain the oil. 

Use of oil dispersants has been under added scrutiny since the deadly BP Deepwater Horizon explosion in 2010 just off the coast of Louisiana. The chemical Corexit has been blamed for sickening cleanup workers who responded to the manmade disaster. Medical issues ranging from skin rashes to cancer have been detailed in thousands of lawsuits.  

Cleanup crews are pumping water from the bayou to remove oil from the bayouside, Smith said. As a result, it’s causing some oil to flow upstream, which could find its way back to shore if it can’t be collected from the water with booms or skimmers. 

“It could get worse before it gets better,” Smith said in an interview. “You could see oil cleaned up in front of your house one day, only to see it back again the next day.”

The bayou remains closed to boaters from the Highway 182 bridge in Raceland to the Lockport Bridge, with the Lafourche Parish Sheriff’s Office handling enforcement. 

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Some Louisiana justices will take the money and run

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Some Louisiana justices will take the money and run


Louisiana lawmakers this year decided to give judges a one-time pay bump, similar to what they gave public school teachers, but with one significant distinction: Teachers will get a $2,000 stipend; judges will get from roughly $15,000 to almost $17,700 each.

Lemme say right up front that I believe the vast majority of Louisiana’s judges, like the vast majority of teachers, deserve better pay.

Ah, there’s the rub.



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Clancy DuBos

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The recent stipend that legislators gave to judges was intended to be paid out over the course of the current fiscal year, as the money is earned — similar to how teachers have received their non-recurring stipends in recent years.

But six of the seven Louisiana Supreme Court justices decided to take their stipends in one lump sum — in advance — this week. Worse, the six justices (all except Chief Justice John Weimer) decreed that all other judges must do likewise or forfeit the stipend altogether. And most galling of all, two of the justices will leave the court in the coming months, and thus pocket a full year’s stipend for no more than a half year’s work. 

The decision to jam the lower court judges came in response to a request from several of them to do the right thing and take the stipend incrementally, after it is earned, which is what common sense and the Louisiana Constitution require.

In effect, the six justices are forcing lower court judges to join their money grab in order to give themselves cover, the law be damned.

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Public opinion of the judiciary is already low. The six Supremes’ decision to take the money and run will only make things worse.

One-time “bonuses” to Louisiana public employees are outlawed by our state constitution — unless the payments are made after future services are rendered. They cannot be extra compensation for past services already rendered and paid for. 

That’s not my opinion. It’s from a 2010 Louisiana Attorney General’s opinion, citing a landmark Louisiana Supreme Court decision known as the Cabela’s case. It’s why teachers get their stipends periodically, typically after each semester.

It’s also what lawmakers intended when they voted to give the judges a pay bump.

“The legislative intent was to spread it out over the year, but I guess we should have been more specific in the language,” state Rep. Jack McFarland, R-Winnfield, told The Times-Picayune | The Advocate. McFarland chairs the House Appropriations Committee and authored the bill that included the stipend.

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Lawmakers also added a condition for judges receiving the stipend: participation in a “workpoint study” designed track the workloads and output of judicial districts and potentially individual judges. The study would help lawmakers decide which courts need to be expanded and which should be reduced in size.

Which explains why some judges don’t want to see such a study happen.

State Rep. Jerome “Zee” Zeringue, R-Houma, has pushed for a workpoint study for years, to no avail. Zeringue, who previously chaired the appropriations panel for four years, confirmed McFarland’s comment on legislators’ intent regarding the stipend being paid out periodically.

The justices are not the only ones flouting the clear legislative intent, however. Gov. Jeff Landry line-item vetoed the workpoint study requirement — but left the stipend intact.

That means taxpayers will foot the roughly $6 million cost of the judicial stipend, but we’ll never know which judges actually earn the extra dough. We can, however, identify some who definitely won’t earn it.

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Associate Supreme Court Justice James Genovese will pocket $15,280 up front but leave the court by mid-September, when he will become Landry’s hand-picked president of Northwestern State University in Natchitoches. By leaving early, Genovese will technically earn less than 20% of the stipend. He’ll also will get a handsome pay raise at Northwestern, plus housing and other perks, on top of his enhanced judicial retirement.

Associate Justice Scott Crichton likewise will take the same $15,280 in advance but not serve past Dec. 31, when his current term expires. Crichton has already reached the mandatory retirement age of 70. He’ll earn only half of his stipend.

Several other judges likewise are set to receive the full stipend but only work half a year.

It’s a shame that the avarice of a few jurists will reflect badly on all judges, most of whom work hard to uphold the notion of an independent judiciary. They deserve better.

The Legislature, through the Joint Legislative Budget Committee, should correct this abuse by ensuring that judges who rightly decline to take the up-front money still get it periodically, as the law requires, after they’ve earned it.

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