Louisiana Supreme Court throws out law that lets lawyer-legislators push back court dates

A Louisiana law that allows legislators who are also lawyers to get hearings in their legal cases postponed is unconstitutional, the state Supreme Court ruled Friday.

Under the “legislative continuance” statute, Louisiana lawmakers serving as legal counsel in court proceedings had the ability to ask for a delay of those proceedings on a “peremptory” basis — without needing to demonstrate a particular reason for requesting the delay.

And, under the law, judges were also required in many instances to grant the request to postpone proceedings within 72 hours of the request being filed.

But Justice Jeff Hughes wrote in the opinion that the law gives the legislative branch too much sway over the daily operations of the judicial branch.

“The law subverts the courts’ constitutional and statutory powers, as the Legislature has usurped the courts’ power to decide when fixed court dates may be continued or extended; thereby violating the separation of powers doctrine,” Hughes wrote.

In a concurring opinion, Chief Justice John Weimer said the law “intrudes on the inherent powers of the judiciary to administer the business of the courts,” noting that the law makes mandates certain actions by judges and removes their discretion.

Justice Jay McCallum, a former state lawmaker, dissented and argued that “the Legislature has enacted entire systems of laws that limit and proscribe the actions of judges and parties in our courts.”

Several recent cases have brought scrutiny to legislative continuances. 

The case that led to the Supreme Court’s ruling stems from a 2018 car crash, after which a plaintiff who was rear-ended sued a teen driver and his father. The defendants hired state Sen. Alan Seabaugh, R-Shreveport, and state Rep. Michael Melerine, R-Shreveport, as their defense attorneys.

A district court judge ruled the teen driver was liable, but the plaintiffs argued the legislators got ‘numerous’ continuances that unduly delayed the ruling from being carried out. 

Melerine declined to comment on the Supreme Court’s ruling and Seabaugh did not immediately respond to a request for comment on Friday.

“This ruling not only underscores the importance of upholding individual rights to have one’s case timely heard within our legal system but also highlights the critical role that our judiciary plays in interpreting and protecting our Louisiana Constitution,” said Attorney Joe Gregorio, who represents plaintiff Theresa Fisher in the case.

The Supreme Court’s opinion also mentions a case out of Baton Rouge.

Metro Councilman Cleve Dunn Jr.’s neighbors sued him, arguing a new kitchen and fence he built without proper permits was causing flooding. After Dunn and his attorney, State Rep. Edmond Jordan, D-Baton Rouge, missed a court hearing, a district judge ruled in the neighbors’ favor and ordered Dunn to pay more than $57,000.

But Dunn and Jordan have fought that ruling, arguing the judge wrongly denied Jordan’s requests for legislative continuances. The two have also tried to have the judge, Beau Higginbotham, removed from the bench, claiming he is biased against Black defendants.

Jordan did not immediately respond to a request for comment Friday.