Louisiana
Louisiana Supreme Court issues new guidance to judges about legislator-lawyers seeking delays • Louisiana Illuminator
by Julie O’Donoghue, Louisiana Illuminator
November 1, 2024
The Louisiana Supreme Court issued guidance to state judges Wednesday encouraging them to grant state lawmakers who are attorneys extensions on court proceedings during legislative sessions in most cases.
The court’s new rule comes less than a week after the justices declared unconstitutional a law that gave lawyers who legislators a similar but much broader benefit. The defunct statute had granted such lawmakers automatic delays in court actions when they interfered with a wider range of legislative duties, including travel to the State Capitol.
The justices were troubled the legislative continuance mandate had essentially no wiggle room. It did not give opposing counsel or judges the discretion to challenge a lawmaker’s request for a delay in a court case.
The Supreme Court’s new rule this week hems in the previous privilege for legislators in court while also instructing judges to err on the side of allowing legislators’ delays.
The guidance was issued somewhat urgently because the lawmakers are headed into a special legislative session Wednesday that is expected to last almost three weeks. Legislators who are attorneys have said they have court proceedings that will conflict with the special session calendar.
Votes during the session, which will be focused on tax policy, are also expected to be unusually close. This means parts of Gov. Jeff Landry’s tax package could fail if just one or two lawmakers are absent.
“It’s fair to say that the session did result with us moving with more deliberation than we would normally do,” Chief Justice John Weimer said about the rule in an interview Thursday.
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Under the new legislative continuance rule, opposing attorneys will now have the right to challenge when a lawmaker wants to reschedule court proceedings if they suspect it would cause an “unnecessary delay” or “increase the cost of litigation.” They can also ask for it to be denied if it would cause their client “substantial and immediate irreparable harm.”
Attorneys who are lawmakers will also face a new requirement when asking for a legislative continuance. They will have to provide an affidavit showing they will be attending the legislative session that causes a conflict with their court proceedings. The lawmaker will also have to demonstrate that he or she is an attorney actively working on the case in question.
Outside of legislative sessions, lawmakers will also only be able to obtain continuances if they present an affidavit that shows “good cause” for the delay. In the past, judges had no choice but to grant a legislative continuance, regardless of when it was requested.
The new restrictions the justices have imposed are supposed to address concerns raised by attorneys who aren’t lawmakers in recent years. They include that legislators sometimes enroll as counsel on cases where they don’t do much work to allow their side to take advantage of automatic delays. Another frustration is that cases drag on for years because lawmakers ask for multiple extensions.
The lawmaker complaining in the loudest, most public way about the Supreme Court overturning the state legislative continuance law also happens to be an attorney whose conduct led to the supreme court’s ruling.
“I think a working knowledge of civics is not required to serve on the Louisiana Supreme Court,” Sen. Alan Seabaugh said in an appearance on KEEL-AM in Shreveport. “The ruling that the court passed down last week is absolutely nonsensical.”
Two plaintiffs attorneys asked the state Supreme Court to throw out the legislative continuance statute after struggling to close an automobile accident lawsuit where they faced off against Seabaugh and state Rep. Michael Melerine, Shreveport Republicans who are partners in the same law practice.
The plaintiffs lawyers said Seabaugh and Melerine’s legislative extensions had unreasonably delayed resolution of their client’s lawsuit over six years. The court sided with the plaintiffs attorneys after describing Seabaugh’s unusual delays in the lawsuit as reprehensible.
Seabaugh has been a state lawmaker since 2012, including 12 years in the Louisiana House of Representatives before he was a stte senator. Melerine took Seabaugh’s seat in the House in January.
In the radio interview, Seabaugh alleged the court ruling was payback for lawmakers scuttling a new Louisiana Supreme Court district map some of the justices had favored.
“The fact of the matter is it was retaliation because of their redistricting plan, which the Senate killed twice,” Seabaugh said. “This was the Supreme Court flexing their muscle to the Legislature.”
“This was judicial activism at its worst,” he added
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Weimer said Seabaugh is “entitled to say whatever he wants,” but the justices didn’t throw out a law because they were upset about the Supreme Court district map.
“We don’t sit around anxiously waiting to strike down a law as unconstitutional,” Weimer said. “I make decisions based on logic and reason and not emotion.”
Though the ruling is less than a week old, Seabaugh and Melerine have already run into personal problems getting at least one trial rescheduled based on the newfound discretion to reject legislative extensions.
Judge Nicholas Gasper of the 42nd Judicial District Court in DeSoto Parish denied their motion to move a jury trial scheduled to start Monday because of the special session, which gets underway two days later, according to court filings.
Seabaugh and Melerine are appealing Gasper’s decision to Louisiana’s 2nd Circuit Court of Appeal.
Other legislators plan to try to resolve the legislative extension issue over the next few weeks. Bills will be filed in the special session to establish a new continuance law, said Sen. Greg Miller, R-Norco, who is an attorney.
“I want to keep the framework that we had but address the Supreme Court’s concerns” about abuses, Miller said in an interview Thursday.
Miller said he didn’t think the court’s new rule fully covers the problems that arise from conflicting legal and legislative schedules. For example, under the new rule, a judge could schedule a trial for the day after a legislative session ends, which would give an attorney who is a lawmaker little time to prepare.
“We are at the mercy of the courts,” he said.
Sen. Jay Luneau, D-Alexandria, said the Supreme Court’s rule also doesn’t address scheduling conflicts the Legislature’s staff attorneys might have during session. Some work on private cases to supplement their incomes outside of the regular legislative session, he said.
The law declared unconstitutional also granted those legislative staff attorneys access to legislative continuances, but the court’s recent rule doesn’t, said Luneau, who is also a lawyer.
Louisiana Illuminator is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com. Follow Louisiana Illuminator on Facebook and X.
Louisiana
Louisiana National Guard troops return to Washington for Trump task force
GOP-led states sending hundreds of additional National Guard troops to DC
Three GOP governors have pledged to send hundreds more National Guard troops to Washington, D.C., to aid Trump’s federalization of the city.
Straight Arrow News
Louisiana National Guard soldiers have returned to Washington, D.C., on a second deployment as part of President Trump’s continued crackdown on crime in the nation’s capital.
Trump declared a crime emergency in Washington nine months ago to trigger deployments of states’ National Guard troops to the capital.
Republican Gov. Jeff Landry first sent a contingent of Louisiana soldiers to Washington in August 2025. Lt. Col. Noel Collins told USA Today Network on May 13 that all of those soldiers returned to Louisiana by the end of December.
Landry’s latest deployment of Louisiana soldiers includes about 125 who began assisting other soldiers and local police May 12.
Louisiana’s soldiers won’t make arrests, but they will patrol high-traffic areas while playing a supporting role for the D.C. National Guard and local police.
The White House has said its capital crime task force has made more than 12,000 arrests since August and seized thousands of illegal guns.
Greg Hilburn covers state politics for the USA TODAY Network of Louisiana. Follow him on Twitter @GregHilburn1.
Louisiana
Louisiana students make biggest gains in nation
BATON ROUGE, La. (WAFB) – A new report shows Louisiana students are making some of the biggest gains in the country, with state education leaders celebrating the progress.
The newest national report card now ranks Louisiana 32nd in the nation, a jump from 49th in 2019.
“Louisiana is no longer about Louisiana simply believes, but for K-12 education, Louisiana achieves,” said state Superintendent Dr. Cade Brumley.
The jump comes mainly from improved reading and math scores, making Louisiana the only state that has returned to pre-pandemic levels.
Gov. Jeff Landry said the achievement comes at an opportune time for the generation to capitalize on economic developments coming to the state.
“These young men and women are going to get an opportunity we have never had. These kids get to grow up in a new Louisiana at a time when they are getting the education they need,” Landry said.
Brumley said the focus is now on attendance, more tutoring, higher teacher pay, and job readiness.
“Tutoring for every kid to get a little extra help if they need it; differentiated pay so we can target pay in a very precise way to those teachers doing great work for kids; and in the elevation in career and technical education,” Brumley said.
While leaders are celebrating, Brumley said the real work is keeping that momentum.
“Louisiana doesn’t have to be last. Indeed, we can be number one. We will continue to see great results,” Brumley said.
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Louisiana
As Louisiana’s Senate election nears, carbon capture becomes a big issue. Here’s what to know.
In a campaign that has focused more on President Donald Trump than the issues, government regulation of carbon capture and sequestration has emerged as a key fault line in Saturday’s Senate primary.
State Treasurer John Fleming has made his forceful opposition to the new process a key driver of his campaign, saying it threatens to poison waterways and strip landowners of property rights.
That has made him the target of attack ads broadcast by two outside groups associated with Gov. Jeff Landry and financed at least in part by oil and gas companies that want to inject the carbon dioxide deep in underground wells.
Fleming has counterattacked by saying that U.S. Rep. Julia Letlow, who has Landry’s support, actually supports the industry because her fiancée, Kevin Ainsworth, is a major lobbyist for carbon capture and sequestration companies in Baton Rouge. Letlow has called that accusation “a low blow.”
Letlow has said she favors letting local communities decide whether to allow the process.
“If a project is not safe, if it’s not transparent and if it does not have community buy-in, it should not move forward,” she said in a radio debate on May 5.
But in a separate interview, Letlow refused to be pinned down on how a community would decide to give a green light.
U.S. Sen. Bill Cassidy on Tuesday said he agrees with Fleming that oil and gas companies should not be able to exercise eminent domain to build pipelines and storage facilities without landowners’ approval.
Cassidy also said he supports the moratorium that Landry has imposed on new carbon capture and sequestration projects. Letlow also backs that moratorium.
Cassidy said allowing parish governments to block carbon capture and sequestration projects “is an acceptable option.”
Where the race stands
Fleming and Letlow are trying to unseat Cassidy this year in the Republican election campaign. Saturday is the primary, where the top two Republican finishers, if no one wins above 50%, advance to a runoff on June 27.
All three candidates are predicting they will win one of the two spots in the June 27 runoff. Polls indicate that Letlow has the best chance.
But political analysts note that the new semi-closed primary election system and recent seismic events – including a U.S. Supreme Court decision that nullified Louisiana’s congressional map and Landry then canceling the House elections – make prognosticating Saturday’s results a challenge.
Three Democrats are vying in their own primary to face the Republican Senate nominee in November. They are Nick Albares, a policy analyst in New Orleans; Gary Crockett, a business owner in New Orleans; and Jamie Davis, a soybean, cotton and corn farmer in northeast Louisiana.
Albares said on Tuesday that he sides with Fleming and Cassidy in not allowing companies to use eminent domain to build carbon capture and sequestration projects on private land.
Davis called for “binding consent from the people who live there, not a public comment period that gets ignored” before any injection wells are permitted.
Crockett said, “I’m totally against it.”
Trump dominates election
Trump has been a dominant topic in the campaign because each of the three Republicans is claiming to be the candidate best aligned with the president. Letlow has his endorsement.
The three Democrats have been scathing in their criticism of Trump.
In a weekly call with reporters Tuesday, Cassidy announced $150 million in additional federal money to build a replacement bridge on Interstate 10 over the Calcasieu River in Lake Charles.
In making the announcement, Cassidy slipped in a story about how he was riding on the ancient bridge with Trump in the presidential limousine nicknamed “the Beast” to an event in Hackberry in Cameron Parish in 2019. As they reached the top, Cassidy said, Trump wondered aloud, “Is this bridge going to hold us”?
Cassidy said the new bridge would be able to hold the Beast and is an example of how he delivers for Louisiana. He said the money came from the Infrastructure and Investment Jobs Act, a President Joe Biden-initiative that he supported, unlike the rest of Louisiana’s Republican delegation.
Fleming, meanwhile, speaking to a Republican luncheon Tuesday in Baton Rouge, highlighted a nine-page referral to the Department of Justice by a nonprofit group that accuses Letlow of filing false campaign finance reports to the Federal Elections Commission.
The Coolidge Reagan Foundation alleged that the Letlow Victory Fund raised money for two months without reporting it and then tried to conceal this later.
The foundation said it has filed previous complaints against Hillary Clinton and the Democratic National Committee.
“With the FEC, you have to be very careful with your paperwork,” Fleming told the crowd at the Ronald Reagan Newsmaker Luncheon.
Letlow’s campaign dismissed the allegation.
“Bill Cassidy voted to convict President Trump (on impeachment charges in 2021) and has spent over $10 million attacking Julia Letlow,” Letlow’s campaign said in a statement. “Now, in an attempt to distract from President Trump’s endorsement of Letlow, Cassidy’s allies are desperately trying to dress up routine FEC paperwork questions because they can’t defend Cassidy’s record. The Letlow campaign takes compliance seriously and has filed all required reports with the FEC.”
In recent days, Letlow has said that the defeat last week of five state senators opposed by Trump in Indiana bodes well for her campaign, since Trump wants to end Cassidy’s Senate career.
Outspent by Cassidy and Letlow, Fleming has said he is running a grassroots campaign. One example of that, he said in an interview, is that a majority of the members of the Republican State Central Committee have requested that the committee endorse him.
Derek Babcock, the party chair, didn’t respond to a text Tuesday asking how the party’s executive committee – which actually issues the endorsement – will respond.
Attack ads target Fleming
Landry has inserted himself into the campaign by raising money for two groups associated with him – the Accountability Project and MAGA Energy – to attack Fleming. Both groups are organized in a way that doesn’t require them to disclose their donors and are headed by two of his key campaign associates, Jay Connaughton and Jason Hebert.
Landry held an event at the Governor’s Mansion on April 20 with about 15 carbon capture and sequestration executives, said someone who attended the meeting but spoke on condition of anonymity. Landry warned the group that a Fleming victory would harm their industry. The executives then heard a pitch to raise $1.5 million to defeat Fleming, according to the source.
In a brief interview, Landry acknowledged holding the meeting but wouldn’t discuss it.
Fleming repeats his opposition to carbon capture and sequestration at every opportunity, telling the Reagan luncheon, “It’s just not good for Louisiana.”
In other appearances, Fleming has said the technology is unproven and dangerous, saying in a radio interview last month, “It’s stuffing toxic carbon dioxide in the ground and using your taxpayer money and stealing your land through private domain for profiteering.”
For a month, the Accountability Project and MAGA Energy have been attacking Fleming.
The Accountability Project has broadcast ads accusing Fleming of being a supporter of allowing illegal aliens across the Mexican border. Fleming called that a lie while speaking at the Reagan luncheon, saying he supports tough border restrictions.
MAGA Energy accuses Fleming of having voted for pro-carbon capture and sequestration bills while he served in the House. That, too, is a lie, Fleming told the Reagan crowd.
In a new line of attack, the Accountability Project is attempting to undermine a key part of Fleming’s pro-Trump biography by saying that Fleming never served as Trump’s deputy chief of staff during his final 10 months as president in first term.
In campaign appearances, Fleming has said his office was 10 steps from the Oval Office in the West Wing, and he told the Reagan luncheon that the accusation was “an absolute lie.”
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