Connect with us

Louisiana

Louisiana Supreme Court issues new guidance to judges about legislator-lawyers seeking delays • Louisiana Illuminator

Published

on

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. 

Advertisement

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.

YOU MAKE OUR WORK POSSIBLE.

Advertisement

SUPPORT

 

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.”

Advertisement

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.” 

Advertisement

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.”

Advertisement

“This was judicial activism at its worst,” he added

GET THE MORNING HEADLINES.

SUBSCRIBE

Advertisement

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.

Advertisement

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. 

Advertisement

“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.



Source link

Advertisement

Louisiana

How a sinkhole caused a whirlpool and formed Louisiana’s deepest lake

Published

on

How a sinkhole caused a whirlpool and formed Louisiana’s deepest lake


play

While Louisiana’s largest lake, the Toledo Bend Reservoir, spans 1,200 miles of shoreline, the state’s deepest lake only spans 1,125 acres.

Lake Peigneur is the deepest lake in Louisiana, with a depth measuring approximately 200 feet.

Advertisement

Lake Peigneur is a brackish lake, meaning it contains saltwater but has less salinity than seawater, located in New Iberia Parish in South Louisiana.

How did Lake Peigneur become the deepest lake in Louisiana?

Lake Peigneur was not always considered the deepest lake in Louisiana, as it was only a 10-foot-deep freshwater lake 40 years ago.

On Nov. 20, 1980, an oil rig crew was attempting to free a 14-inch drill bit when they heard popping noises and the rig began to tilt. Shortly after the crew abandoned the rig and headed for shore, the crew watched the 150-foot oil rig disappear into the 10-foot-deep lake.

Soon, a whirlpool formed in place of the oil rig. The whirlpool grew rapidly until it was able to suck up nearby boats, barges, trees, a house and half an island.

At the same location of the oil drilling site, there was also a salt mine, and when the whirlpool formed after the oil rig collapsed, the mine began to fill with water. As the whirlpool grew, water was able to enter the mine at such a force that it caused a geyser to spew out of the mine’s opening for hours until the lake was drained.

Advertisement

After the lake was emptied, the Delcambre Canal began to flow backward, marking the only time in history that the Gulf of Mexico flowed into the continental U.S. This backflow continued until the entire mine and lake were filled with water, except now the lake was filled with saltwater, according to an article published on Louisiana Tech Digital Commons.

Can you swim in Lake Peigneur?

Before the oil rig and salt mine accident, Lake Peigneur was a popular spot for fishing and recreational activities. However, since the lake is almost entirely surrounded by private property, visitors will have to enter the nearby Rip Van Winkle Gardens in order to get a closer look, according to Atlas Obscura.

While there are no reports indicating the lake is unsafe, the lake is not exactly developed for public access. However, there are things to do around Lake Peigneur, like visiting Rip Van Winkle Gardens on Jefferson Island, or visiting Avery Island to tour the Tabasco Factory.

Advertisement

Presley Bo Tyler is a reporter for the Louisiana Deep South Connect Team for USA Today. Find her on X @PresleyTyler02 and email at PTyler@Gannett.com



Source link

Continue Reading

Louisiana

Officials confirm Pensacola Beach residue is algae, not oil from Louisiana spill

Published

on

Officials confirm Pensacola Beach residue is algae, not oil from Louisiana spill


PENSACOLA BEACH, Fla. — A local fisherman raised concerns about the substance now coating Opal Beach, citing a recent oil spill off the coast of Louisiana.

WEAR News went to officials with the Gulf Islands National Seashore and Escambia County to find out the cause.

They say it’s not related to an oil spill, but is in fact algae.

The Marine Resources Division says they can understand beachgoers’ concerns, and hope to raise awareness.

Advertisement

“You don’t even want to get near it because it’s so gooey and sticky,” local fisherman Larry Grossman said. “It was accumulating on my beach cart wheels yesterday, and it felt like an oil product.”

Grossman messaged WEAR News on Monday after noticing something brown and oozy in the sand. He says it started showing up by Fort Pickens and stretched down to Opal Beach.

Grossman said a park service employee told him it could be oil from a recent spill in Louisiana. So he took a message to social media, sparking some reactions and raising questions.

“it certainly didn’t seem like an algae bloom because I was in the water, I caught a fish and I put some water in the cooler to keep my fish cool and it almost looked like oil in it,” Grossman said. “I know some people think it’s an algae bloom, but it certainly smelled and felt and looked like oil.”

A Gulf Islands National Seashore spokesperson confirmed to WEAR News on Tuesday that the substance is algae.

Advertisement

WEAR News crews were at the beach as officials with the Escambia County Marines Resources Division came out take samples.

“What I found here washed up on the beach is some algae — filamentous algae, single celled algae — that washed ashore in some onshore winds,” said Robert Turpin, Escambia County Marines Resources Division manager. “This is the spring season, so with additional sunlight, our plants, they grow in warmer waters, with plenty of sunlight.”

Turpin says this algae is not harmful.

He also addressed the concerns that this could be oil, saying he’s familiar with what oil spills look like.

He says he appreciates when people like Grossman raise the concerns.

Advertisement

“The last thing in the world we want is something to gain traction on social media that is faults in nature that could harm our tourism,” Turpin said. “Our tourism is very important to our economy, and we want to give the right information out to the public so we all enjoy the beaches and enjoy them safely.”

Turpin says if you see something or suspect something may be harmful on the beach, avoid it and contact Escambia County Marine Resources.



Source link

Continue Reading

Louisiana

Louisiana Gov. Jeff Landry calls for amendment for teacher pay raises

Published

on

Louisiana Gov. Jeff Landry calls for amendment for teacher pay raises


play

  • Louisiana Governor Jeff Landry proposed a constitutional amendment for permanent teacher pay raises.
  • Landry’s address also supported an eventual elimination of the state income tax.
  • The governor’s budget includes an $82 million increase for corrections services following recent tough-on-crime laws.
  • Landry advocated for doubling the funding for his LA Gator school choice program.

BATON ROUGE — Gov. Jeff Landry advocated for a constitutional amendment that would create a permanent teacher pay raise as well as an eventual elimination of the state income tax in an opening address to the Louisiana Legislature on Monday.

Landry pushed for the passage of Proposed Amendment 3 on the May 2026 ballot to free up money for teacher pay raises.

Advertisement

He said the amendment would pay down longstanding debt within the Teachers’ Retirement System of Louisiana and enable the state to afford a permanent increase in teacher income. The proposed increases are $2,250 for teachers and $1,125 for support staff.

“With a ‘yes’ vote, we can strengthen the retirement system, improve their take-home pay, and guess what? We can do it without raising taxes,” Landry said.

A bill proposing the elimination of the state income tax, which takes in about $4 billion annually, was pre-filed earlier in the year by Rep. Danny McCormick, R-Oil City. Where the money will come from to supplement the loss is currently unclear.

McCormick said in an interview with the LSU Manship School News Service that to encourage more young adults to stay in Louisiana, “we need to do away with the state income tax.”

Advertisement

“This is a conversation piece that hopefully we can figure out where to make cuts in the government so we can get the people their money back,” McCormick said.

But Senate President Cameron Henry, R-Metairie, said at a luncheon at the Baton Rouge Press Club that if the Legislature “can be disciplined” this session, residents could anticipate a 0.5% decrease in state income tax during next year’s session. He also said bigger tax cuts have to be planned over a longer budget cycle.

Within education changes, Landry commended the placing of the Ten Commandments in classrooms, approved by the Louisiana Supreme Court in a decision handed down last week.

“You have staked the flag of morality by recognizing that the Ten Commandments are not a bad way to live your life,” Landry said. “Students who don’t read them will likely read the criminal code.”

Advertisement

Landry’s budget proposed an $82 million increase for corrections services following 2024 tough-on-crime legislation that eliminated parole and probation, increased sentencing and encouraged harsher punishments.

Landry directed his criticism toward the New Orleans criminal justice system, which he feels is lacking accountability, especially in courtrooms.

“Judges hold enormous power, but they are not social workers with a gavel,” he said. “They are the final gatekeepers of public safety.”

The Orleans Parish criminal justice system relies on state and local funding stemming from revenues from fees imposed on those arrested, according to the Vera Institute. Landry said the state spends twice as much on the Orleans system as it does in East Baton Rouge Parish, the largest parish in the state.

“Being special does not mean being exempt from accountability,” Landry said.

Advertisement

Overall, Landry pushed for fewer and different ideas compared to the sweeping agenda he laid out at the start of previous legislative sessions. Henry mentioned at the Baton Rouge Press Club that the governor would like for this session to be a “member-driven session instead of an administrative session.”

Landry spoke only in general terms about his proposal for more funding for LA Gator, his program to let parents use state money to send their children to private schools.

“We must find a path so that the hard-earned money of parents follow their child to the education of their choice,” he said.

He has proposed doubling funding for the LA Gator program from $44 million a year to $88.2 million. The likelihood of this occurring is yet to be seen, as prominent lawmakers such as Sen. Henry are hesitant to approve an increase in funding.

Landry similarly did not mention carbon capture projects, despite the issue gaining traction from affected parish residents and lawmakers.

Advertisement

House Speaker Phillip DeVillier, R-Eunice, told the Baton Rouge Press Club last week that 22 bills have been filed in the House that he would consider “anti-carbon capture.”

Landry also cited data centers and other giant industrial development projects and touted his administration’s success in bringing more jobs to Louisiana and in helping to lower insurance premiums over the past year.

“May we continue to employ courage over comfort, and if we do, there is really no limit to what we can do for Louisiana,” Landry said.



Source link

Advertisement
Continue Reading

Trending