Louisiana
Louisiana lawmakers consider making it easier to sentence more minors to adult prisons • Louisiana Illuminator
In a special lawmaking session focused on tax policy, Louisiana lawmakers are also quietly moving legislation that could lead to more underage youth being sent to adult prisons.
The Louisiana Senate’s Judiciary C committee voted 4-1 Thursday in favor of a state constitutional amendment to remove limitations on the number of crimes for which youth under the age of 17 could be sentenced as if they are adults.
Senate Bill 2 would allow legislators to craft new laws that expand the court’s ability to send minors – 14-, 15- and 16-year-olds – to adult prisons. The proposal alarms advocates for children, who believe it further erodes protections for youth.
It also comes on the heels of a new law passed earlier this year that treats all 17-year-olds as adults when it comes to the criminal justice system. The measure took away discretion from district attorneys to put 17-year-olds through the juvenile justice system instead of adult courts.
In Louisiana, 15- and 16-year-olds, and in more limited circumstances 14-year-olds, can already face adult prison sentences, though only for limited crimes. These include murder, attempted murder, manslaughter, rape, armed robbery, kidnapping, aggravated battery, a second or subsequent burglary of an inhabited dwelling and a second or subsequent violation of some drug crimes.
The constitutional amendment, proposed by Sen. Heather Cloud, R-Turkey Creek, would strike that specific list from a juvenile justice provision in the constitution. Instead, she wants to insert language allowing a minor to be charged like an adult for “any crime” as long as lawmakers pass new laws to do so.
Any of those new laws would face a higher threshold for approval than most statutes — a two-thirds majority of both legislative chambers, not just a simple majority — before they could take effect.
The amendment on its own also faces some hurdles before it can be enacted. Two-thirds of the Senate and House of Representatives have to vote in favor of it. Voters then have to approve it through a statewide election, which would either be scheduled for late March or November of 2025.
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At Wednesday’s hearing, Cloud characterized her amendment as a minor adjustment that is “not going to change the law.” Advocates for children and incarcerated people strongly disagreed with that sentiment.
“It’s a real profound social failure when we have to give up on kids,” said Michael Cahoon, speaking on behalf of the Promise of Justice Initiative advocacy organization, which opposes the legislation.
Cloud and Gov. Jeff Landry’s administration, which supports the amendment, were vague Thursday about the new types of crime they might want to use to transfer minors to adult court.
At the hearing, Cloud initially mentioned concerns that minors couldn’t currently be charged as adults with carjacking but later told her colleagues to avoid focusing on carjacking as the reason she has filed the legislation.
Chris Walters, who handles criminal justice policy for the governor, told legislators that the current constitutional restrictions make it difficult to punish teenagers appropriately for drive-by shootings, property damage and assaults that take place at state juvenile justice facilities.
But Kristen Rome, executive director for the Louisiana Center for Children’s Rights, said district attorneys who want to transfer teenagers to adult courts for the crimes Walters and Cloud listed at the hearing can already do so.
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For example, younger teens who carry out carjackings can be charged with armed robbery as if they are adults under the current constitution restrictions, Rome said. Youth who participate in drive-by shootings can already be charged with the adult version of murder or attempted murder, she explained.
Terry Landry Jr., a lobbyist with the Southern Poverty Law Center, urged legislators to hold off on moving the constitutional change until more was known about the effects of automatically transferring 17-year-olds to the adult criminal system.
Landry Jr., who is not related to the governor, cited a recent article by ProPublica and Verite News that showed nearly 70% of 17-year-olds arrested as if they were adults under the new law in East Baton Rouge, Jefferson and Orleans parishes were accused of nonviolent crimes.
Louisiana sheriffs are already struggling to accommodate 17-year-olds moved from juvenile facilities into the adult system as the result of the law the Legislature approved earlier this year.
While Louisiana state law may consider a 17-year-old an adult for criminal justice purposes, the federal government does not. In order to comply with federal law, sheriffs have to keep anyone under age 18 separate from adult detainees and provide them with educational services.
Sheriffs have complained they don’t have the space in their jails or resources to meet these federal requirements. Many are spending money to house the 17-year-olds at a special facility in Jackson Parish in order not to run afoul of federal or state mandates.
It’s not clear how local law enforcement feels about Cloud’s proposal.
In an usual move, the Louisiana District Attorneys Association and Louisiana Sheriffs Association did not testify or attend Wednesday’s hearing on Cloud’s bill. As two of the more powerful lobbying groups at the Capitol, they typically weigh in on most criminal justice proposals that directly affect their respective memberships.
Despite its uncertainty, Cloud’s bill gained approval from the Senate committee that Republicans dominate. Democrats make up about a third of the Louisiana Senate but account for only one of the seven senators on the Judiciary C committee.
Sen. Regina Barrow, of Baton Rouge, is the committee’s only Democrat and was the lone no vote against Cloud’s legislation. She expressed concern over the “law and order” approach to disciplining youth.
“I do not believe kids are born bad. I just don’t,” she said.
Louisiana
Louisiana senators sue state ethics board to delay hiring of new ethics administrator • Louisiana Illuminator
Two state senators have filed a lawsuit against the Louisiana Board of Ethics seeking to temporarily halt the hiring process of the board’s most prominent employee.
Their court action comes weeks ahead of Republican Gov. Jeff Landry gaining more influence over the makeup of the board that investigates alleged violations of state campaign finance laws and ethical conflicts of public officials.
Senate President Pro Tempore Regina Barrow, D-Baton Rouge, and Sen. Stewart Cathey Jr., R-Monroe, have asked the 19th Judicial District Court in East Baton Rouge Parish to grant a temporary restraining order and preliminary injunction to keep the ethics board from selecting a new ethics administrator before the end of the year.
The senators want to stall that hiring process until at least January, when the governor and legislative leaders will gain more control of the board.
Ethics board members interviewed four candidates this week to replace current administrator Kathleen Allen and appeared to be on track to hire her successor by the end of December before the lawsuit was filed.
“No one’s interest will be harmed, and the interests of the Plaintiffs and the public will be greatly enhanced, if the Board of Ethics is enjoined for a short period of time to enable the Board of Ethics, stake holders, and the watchful public to give more deliberate consideration to this important decision,” Gray Sexton, an attorney representing Barrow and Cathey, said in the lawsuit.
Sexton also served as the state ethics administrator for 46 years prior to starting his law practice. Allen took over from him 15 years ago and announced in September she would be stepping down from the job at the end of the year.
Barrow and Cathey could not be reached immediately for comment Friday morning. At its meeting Friday, the board voted unanimously to go into a private session, which lasted over an hour, to discuss the litigation.
The lawsuit is just the latest episode in an escalating standoff between the ethics board, Landry and legislators. It comes two days after state Rep. Beau Beaullieu, R-New Iberia, asked Attorney General Liz Murrill to investigate the board for violating government transparency laws during the ethics administrator hiring process.
Many of the concerns raised in Barrow and Cathey’s lawsuits are similar to those outlined by Beaullieu in his letter to the attorney general earlier this week.
In the lawsuit, Barrow and Cathey argue the ethics administrator opening should have been advertised for a longer period of time. Applications for the job were only accepted for 10 days, from Oct. 15-25. Two of the four applicants considered qualified for the job already work for the ethics board.
“Arguably, the Board may have met the minimum timeline requirements to advertise the position, but in a manner that did not allow or encourage the involvement of the public,” Sexton wrote in the lawsuit.
“The short duration of the post and the lack of notice hindered the process as reflected in the low number of applicants,” he said. “The Board received only four applicants for this high-level, competitively paid, classified civil service position.”
The lawsuit also alleges the ethics board violated government transparency laws. Sexton said the board did not take a public vote at its September meeting before it went into a private session to discuss “personnel matters,” which could have included the hiring of a new ethics administrator. It also did not explain why it a private session out of the public eye was warranted.
Sexton also said the ethics board might have held a private meeting to discuss a request from Senate President Cameron Henry, R-Metairie, to delay the ethics administrator hiring. If so, that discussion would have violated the state’s open meetings law, which requires government bodies to discuss most matters publicly in the name of transparency, he said.
Landry, in general, has had a fraught relationship with the ethics board for years. Prior to becoming governor, the board reprimanded him multiple times for violating ethics and campaign finance laws.
In the most high-profile incident, the board charged Landry last year with failing to disclose flights he took to Hawaii on a political donor’s private plane for his job as attorney general. The board and Landry are still in private negotiations over what his penalties for that violation should be.
Legislators have also started criticizing the ethics board over the last month for being “abusive” and aggressive in their investigations of potential law violations. The board has been cracking down on the activities of political action committees run by legislators.
Shortly after becoming governor, Landry pushed lawmakers to pass the new law that expands the ethics board’s membership from 11 to 15 members in 2025. The law also requires seven of the positions to be filled quickly with appointees from Landry and legislative leaders in January.
Currently, most of the board is made up of people appointed by former Gov. John Bel Edwards, a Democrat, and Republican state lawmakers who are no longer in office.
Unlike the former governors and legislative leaders, Landry and current lawmakers in charge will also get to pick their appointees to the board directly because of the new law approved this year.
Previous governors and legislators could only pick their ethics board appointees from lists of people recommended by Louisiana’s private college and university leaders. The arrangement, which has been eliminated, was supposed to help insulate the board from political pressure.
This is a developing story and this article may be updated.
An elementary school a few hundred feet from an industrial plant that emits a likely cancer-causing chemical will close next year, the St. John the Baptist Parish School Board voted on Thursday, a landmark decision that follows a long push for action by environmental and community activists.
The 300 pre-kindergarteners through fourth graders who attend Fifth Ward Elementary School in Reserve will be relocated to two schools in the district.
The school board’s decision to close the school came amid a slew of legal battles involving the future of Fifth Ward Elementary, as well as the federal Environmental Protection Agency. Denka Performance Elastomer, which neighbors the elementary school, is the only facility in the country to emit chloroprene, classified as a likely carcinogen by the EPA.
The school is also in a U.S. census tract with the highest risk of cancer from air pollution in the country, according to an EPA report. The federal agency sent a letter in 2022 to the Louisiana Department of Environmental Quality suggesting that Black residents in the area were subjected to adverse health impacts because of Denka.
Average chloroprene emissions this August at the two fenceline monitors closest to the school were more than four times the figure the EPA cautioned against in its 2022 letter.
The Tokyo-based synthetic rubber manufacturing company makes products such as gloves and wetsuits.
The school board meeting grew tense at times, as members tussled over the future of the school and whether the planning committee that had initially approved the closure had been transparent.
Raydel Morris, who represents the district where Fifth Ward is located, opposed shuttering it, and raised concerns over the physical building being left to decay after the school closed. He added that if the impetus for closing the school was for “chemical reasons,” moving students to one of the nearby schools wouldn’t affect their risks from air pollution.
“We’re taking them from the front yard to the backyard,” he said.
Most of the heated discussions revolved around transparency and economics. The school has a declining enrollment and operates at less than 50 percent capacity, one board member noted.
But the legal battles and the nearby chemical plant loomed large. Nia Mitchell-Williams, who voted in favor of the school closure, noted that if they didn’t make a decision, the board would be leaving Fifth Ward’s future in the hands of a judge.
“That’s the real elephant in the room,” Mitchell-Williams said.
The former segregated Black school will see its final term this year, and in the 2025-2026 school year, students will either attend East St. John Preparatory or LaPlace Elementary. The motion passed on a vote 7-4.
After the closure, East St. John Preparatory will be renamed as Fifth Ward Preparatory, to preserve the name and history of the originally all-Black segregated school. Mitchell-Williams proposed this motion at the request of alumni of the school, she said.
Future of Fifth Ward
The vote comes after a federal judge in New Orleans in late October heard arguments in a desegregation case against the St. John school board. Lawyers with the NAACP’s Legal Defense Fund argued that Fifth Ward should be shut down and its students should be moved to LaPlace Elementary School four miles away.
While the civil rights lawyers applauded the move to shut down the school, they opposed the school board’s plan to divide the students between East St. John Preparatory Academy, a middle school, and LaPlace Elementary.
Victor Jones said that East St. John Prep is still located too close to the Denka plant and is not designed for the younger elementary school children. The Legal Defense Fund wants to see all the Fifth Ward students and faculty kept together and moved to LaPlace Elementary. The lawyers also want Fifth Ward to be shut down immediately.
“We won’t be satisfied until the school is closed,” Jones said.
MONROE, La. (KNOE) – People across the country and here in the ArkLaMiss are reporting receiving a racist spam text message.
The text states the person has been selected to pick cotton at a plantation.
“These types of spam texts are vile, threatening and only intend to divide us,” said the Louisiana Attorney General’s Office in a statement to KNOE.
The Attorney General’s office says to contact your local FBI field office by calling 1-800-CALL-FBI or 1-800-225-5324 or visiting FBI.gov/tips.
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Louisiana senators sue state ethics board to delay hiring of new ethics administrator • Louisiana Illuminator
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