Portraits & Perspectives: Associate Justices

Louisiana Supreme Court Associate Justice James T. Genovese. Photo courtesy of Louisiana Supreme Court.

One on One with Louisiana Supreme Court Associate Justice James T. Genovese

Interviewed by Winfield E. Little, Jr.

LouisianaLouisiana BarBar JournalJournal AprilApril // MayMay 20202020 406406 Vol.Vol. 67,67, No.No. 66 www.lsba.orgwww.lsba.org Louisiana Bar Journal April / May 2020 407 Louisiana Supreme Court Journal: Justice Genovese, tell us Journal: I assume you attended pa- Associate Justice James T. Genovese about your early childhood. rochial schools? Genovese: For 70 years, I’ve been Genovese: That’s an interesting story. was born, reared and educated here in Opelousas. My mother was born My mother was a very strong Catholic. in, and is a lifelong resident of, and raised between Lawtell and Church When it came to that, she ruled the roost. Opelousas in St. Landry Parish. Point. She’s a DeJean, and she was one Even though my father taught in public He graduated from the Academy of 10 children reared on a farm. St. school, my mother required all of her Landry Parish is my home. I could have children to attend Catholic school. So I of the Immaculate Conception in gone to Lafayette when I was elected attended the Academy of the Immaculate Opelousas in 1967. He received a BA to the court of appeal. But the people Conception (AIC) in Opelousas (now degree in 1971 from Northwestern of St. Landry Parish were responsible called Opelousas Catholic). When it State University in Natchitoches, mostly for electing me, and I’m loyal to was time for high school, I asked to at- my people in St. Landry Parish. I love tend Opelousas High School where my where he was a four-year letterman Opelousas, and I’m still here. father taught. My father told me I had in tennis. He received his JD degree, to ask my mother. I did, and it didn’t go with honors in property law, in 1974 Journal: What did your parents do? far. I pled my case. I guess that’s why I from Loyola University College of Genovese: Well, this will explain eventually became a lawyer. I appealed my last name, Genovese. I was often saying, “Look, Daddy, you’re at OHS. If Law in . kidded about the Mafia and Italian heri- I’m there, you can watch over me if I get Justice Genovese was engaged tage. But my father was from Stanford, out of line.” I lost that appeal, and all of in the general practice of law Connecticut. He grew tired of the north us kids graduated from AIC. in from 1974-95. He and wanted to attend college in the south, My father taught biology. He knew so he went to the University of Alabama. the biology professor at Northwestern. served as president, vice president He graduated from the University of One day, he picked me up from school and secretary-treasurer of the St. Alabama two years ahead of Bear Bryant, and said, “Get in the car. We’re going up Landry Parish Bar Association. He who signed his yearbook. He then at- to Natchitoches. If I like the school, that’s is a member of the Louisiana State tended LSU Medical School, where my where you’re going to college.” I said, mother’s brother, Ferdinand, also was at- “Wait a minute. I want to go to USL. It’s Bar Association, the Colorado Bar tending. My Uncle Ferdinand invited my 20 miles away. I’d be home.” He said, Association and the American Bar father during spring break to his parents’ “This is the deal. You go to USL, you pay Association. He is admitted to the house between Lawtell and Church Point, for it. You go to Northwestern, I’ll pay for bar in all state and federal courts a little community called Plaquemine it.” So, I wound up going to Northwestern, Point right off Bayou Plaquemine. He earned a tennis scholarship and played in Louisiana, including the U.S. did that a couple of times. He met my tennis for all four years. Supreme Court. mother. They became enamored and got In my senior year, I applied to LSU His judicial career began as a married. Law School and was accepted. I was judge ad hoc of the Opelousas City Later, my father took ill, developed all excited. I showed the letter to my bleeding ulcers and almost died. He had Dad. He said, “Very good, son. I’m Court from 1975-89. He was elected to sit out for two years. When he went happy for you. But you better go talk district judge for the 27th Judicial back to med school, they wouldn’t give to your mother.” I said, “Mom, I got ac- District Court (St. Landry Parish) him credit for the two years he had al- cepted to LSU in Baton Rouge, and I’m in 1995 and served as district judge ready completed. So, he said, “To heck real excited about that.” She looked at with it. I’m just going to teach school.” me and said, “Hmm, I think you need through 2004. He next was elected My father taught school in the St. Landry to go to Loyola, a Catholic school.” I to the Louisiana 3rd Circuit Court Parish school system for over 30 years. said, “Mama, I don’t want to go to New of Appeal and served on that court My mother graduated from Sacred Orleans. I want to go to LSU.” She said, from 2005-16. He was elected as an Heart in Grand Coteau, which was a “You go to LSU, you pay for it. You go college then. Together, they ran a fro- to Loyola, I’ll pay for it.” Not again. At associate justice on the Louisiana zen food locker business and my fa- this time, I was married with a child. Supreme Court and began serving ther taught school. My mother always So, three years later, I graduated from on Jan. 1, 2017. wanted to run a nursery school. About Loyola because I’m not a fool. He is married to Martha Anne the time I began attending law school, That’s how strong my mother’s influ- she was running a school for kids ages ence was and how much it meant to her Janes and is the father of four 3-5. She did that for 10 years. After they for her children to get a good Catholic daughters and one stepdaughter and both retired, they lived out their days to- education. Mom was always right. I was has four grandchildren. gether until they passed away. young and I thought I knew it all. But I didn’t. They did.

Louisiana Bar Journal April / May 2020 406 Vol. 67, No. 6 www.lsba.org LouisianaLouisiana BarBar JournalJournal AprilApril // MayMay 20202020 407407 Vol.Vol. 67,67, No.No. 66 www.lsba.orgwww.lsba.org Journal: You came back to judge against five other people, and, by in and said, “All right, Genovese, I want Opelousas to practice law? the grace of God, I was elected. I served that license plate.” Of course, his initials Genovese: I did that because my un- for 10 years from 1995 through 2004 on also spelled JTG. I said, “Well, James, cle, Robert F. DeJean, was a city judge the district bench in the 27th JDC in St. that’s my personalized license plate. I at the time. He was a judge for over 30 Landry Parish. paid over $100 for it. When I’m dead years. I had plans to practice with him, and buried, you can have that license but, as things worked out, he had two Journal: You then decided to run for plate, but you ain’t getting it now.” He sons, also lawyers, so there really was the 3rd Circuit and later the Supreme was not happy. no room in the inn for me. Court? Lo and behold, about five years later, So I opened my own office and prac- Genovese: I never had any desire to my wife gets a new car. About the li- ticed for a year by myself. I learned a run for the court of appeal. I remember cense plate, she said, “You got JTG. I lot doing indigent defender work. I I was on the bench in the middle of a want MJG.” My wife’s name is Martha learned how to try cases. When you do trial one Friday afternoon and I get a call Janes. I said, “We’ll get a license plate indigent defender work, you have a lot from Ned Doucet, the 3rd Circuit Court as JTG-MJG.” of criminal trials. So I learned how to of Appeal chief judge. When you’re on I go back to the Palace Café again. be a trial lawyer, not a plaintiff personal the district bench and the chief judge In comes James Guglielmo again. He injury lawyer, but a criminal defense of the 3rd Circuit calls, you go off the was not happy. He said, “What are you lawyer. The next city judge after my un- bench and take the phone call. He had doing?” I said, “James, you’re not get- cle — Kenneth Boagni — came to me two things to tell me — “I’ve decided ting that license plate.” He said, “I’m and said he needed a partner and some to retire and I’m running for representa- not talking about that license plate. I’m help. We formed a partnership, Boagni tive, and I want you to consider running talking about the license plate on your & Genovese, and practiced law together for my position. Think about it and let wife’s car.” I said, “What’s your problem for 14 years. Then I went on my own me know.” I talked to several people, now? The license plate on my wife’s car for seven years. I practiced a total of 21 mentors, people in the community, peo- is JTG-MJG.” He said, “Well, my wife’s years and then ran for district judge, ap- ple I respect a lot. Eventually, I ran and name is Mary Janet Guglielmo, and her pellate court, Supreme Court, and the was elected. I was on the initials are MJG as well. Now you have rest is history. for 12 years. JTG and MJG, and my wife saw that When Justice Jeannette Theriot and she wasn’t happy either.” Journal: You were an ad hoc city Knoll retired, I was asked to consider It was really kind of funny. My wife judge, also? running. I never had a desire to be there, still has JTG-MJG on her car and I still Genovese: Back then, the city judge either. But I ran, and, again by the grace have JTG on my truck. It doesn’t mean could appoint a lawyer to take his place, of God, I was elected. anything. It’s just our initials. so Judge Boagni appointed me. It’s dif- ferent today. Today, the Supreme Court Journal: I saw a vehicle outside Journal: In 40-some-odd years of makes the appointment. that had a personalized license plate of practice, and on the bench, can you “JTG.” think of one or two interesting cases that Journal: You ran for district judge? Genovese: That would be me. you would like to tell us about? Genovese: Yes. At the time, we had Genovese: A lot of people are inter- four district judges and two of them de- Journal: How did you come to have ested in the money aspect and the big cided to retire at the same time. I had a license plate “JTG”? cases. But one of the most rewarding never thought about being a district Genovese: Can I object on the things I’ve done in the practice of law judge, but I didn’t feel the people run- grounds of relevance? What does this is private adoptions. I represented local ning were qualified because they didn’t have to do with this interview? But, as OB/GYN doctors. Whenever a young have trial experience. I have strong feel- you are here at my office, I’ll answer the mother wanted to put her child up for ings about that. If you’re going to be questions. I have nothing to hide. adoption, then the OB/GYN would call a district judge, you have to have trial In 1984, as I recall, Louisiana decid- me, and we would handle the adoption. experience because that’s what they do. ed to allow personalized license plates. I did about 20 or 25 of those. It was a If you’re going to be an appellate court Perhaps out of vanity, I sent in for rewarding experience to allow a couple judge, you better have some district “JTG.” I was early — early bird catches who could not have children of their court experience because the appellate the worm — and I got the license plate own to become parents. It gives me court judge grades the paper of the dis- and put it on my car. One day, I went chills even now. trict judge. If you’re going to be on the to lunch at the Palace Café‚ right across As a district judge, I presided over Supreme Court, I think you should have from the courthouse. A lot of lawyers go nine murder cases and every one of district court and appellate court expe- to the Palace Café, and we all sit at this them was exceptionally interesting and rience because the Supreme Court is a table called the round table. Attorney very challenging. All the murder cas- whole different ballgame. So, I ran for James Guglielmo, a good friend, came es have the forensic aspects with the

Louisiana Bar Journal April / May 2020 408 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal April / May 2020 409 coroner and the other experts testifying about the cause of death. That is all very intriguing. I had a number of big cases, includ- ing toxic tort, damage to property and, of course, what I call the “crawfish case.” It involved the poison (herbicide) administered to kill the rice weevil that also wound up killing all the crawfish. It was a mass class action case that went on for five years. It eventually settled but we tried it for several days.

Journal: Just something that you’d want other people to read or think about. Genovese: I would like people — es- pecially people interested in law — to know that what we truly want is jus- tice and “justice for all.” I think justice should be fair for everyone, those who have the money versus those who don’t have the money. It’s very important. By serving on the bench for 24 years, I’ve learned that justice just doesn’t happen. You have to work at it, and you have to be fair. But people need to remember that judges are human beings, too. It is also important to remember that when people come before you, as a lawyer or a judge, they’re putting all their faith in you. This situation may be the only case they ever have, and, for them, their life, liberty and property is at stake. You have to work hard to get it right. Give them their day in court. Let them pres- ent their evidence. Then take the facts Justice Genovese at his nearly-paperless desk. Most communications are digital these days. Photo and, to the best of your ability, apply the by Winn Little. law to those facts and try to render a fair decision with justice. As a district judge, pull it up on my iPad. As soon as we get hope to get a couple hours to spend time as an appellate court judge and now as through with the interview, I’ll read the with grandchildren or go hunting or a Supreme Court justice, the process application and make a decision. fishing. But if you go hunting or fish- hasn’t changed. You give them their ing, you have the iPhone with you and day in court, treat them with dignity and Journal: That brings to mind the you get emergency writs that flow in respect, and make sure you do the best scheduling you have to do on the or requests to appoint a judge to one of to give them justice. It’s not always an Supreme Court. Can you give us an idea the eight parishes you represent. Every easy task. of what happens each week or every day, all day. When that emergency writ other week? comes in, you stop everything else. Journal: While we’re doing this in- Genovese: Perhaps I should have Every week, we have conference, terview, you mentioned that you received stayed at the appellate court because except when we have oral argument. an emergency writ application . . . that was the easiest and best job in the The term runs from the end of August Genovese: Yeah. judiciary. When I went from the appel- through the end of June. In between Journal: . . . on your laptop? late court to the Supreme Court, I’ve the end of June and the end of August, Genovese: Yes, it comes in on the never worked this hard in my life. This even though you’re not technically iPhone first. I’ve read them in duck job is all-consuming, 24/7 and tough. having conference every week or oral blinds. I’ve read them in the Wal-Mart There are no easy cases. You have to argument, you still have emergency parking lot. When I get the chance, I do something in this job every day. You writs and you still have to take care of

Louisiana Bar Journal April / May 2020 408 Vol. 67, No. 6 www.lsba.org Louisiana Bar Journal AprilApril // MayMay 20202020 409 Vol. 67, No. 6 www.lsba.org your appointments. For example, every Also, when people contact you, con- judge needs to be replaced temporarily tact them back. I don’t go a day without because of sickness, a death in the fam- responding to a phone call, a text or an ily, going to a CLE, vacation, conflict, email. Respond as soon as you possibly recusal, etc. If for some reason a judge can. That’s the greatest advice. In this dig- cannot serve, I have to appoint a judge ital age, with all the social media options, to serve in his/her place. I get the no- there’s no reason not to respond quickly. tice on the iPhone and I have to appoint So, return your phone calls, take care of a judge appropriate for the position. If your correspondence, be good to people, it’s a criminal matter, I want a judge be organized and prepared, and the world with experience in those matters and the is a better place and the legal profession is same with civil jury trials or juvenile a better place. We can improve our profes- matters. I’m a strong believer in experi- sion and we need to do that. ence to be a judge. The personalized “JTG” license plate still grac- es the Justice’s truck. Photo by Winn Little. To shorten a long explanation, the Journal: Any final thoughts? rest of our scheduling involves live Genovese: I want to conclude by conferences in New Orleans, oral argu- saying that I’m doing this job for two ments, video conferences, and confer- we rule and what we decide will go on reasons and two reasons only — to ences to take care of all administrative for decades. You know those decisions make this court better and to bring bal- matters of the court, which can take that I wrote while I was on the Supreme ance to this court. This is what I strive hours as the Supreme Court is respon- Court? They don’t die with me. They are to do every single day that I’m serving sible for all lawyers, judges, courts and still on the books until somebody comes on this court when I’m reading cases. the entire judiciary, covering issues like and changes them. That decision is there Above all, I believe in access to the peo- payroll, insurance, the drug court, FINS until someone overturns it. ple. I believe in making sure that people (families in need of supervision), CASA know that I’m here. If you need to talk (Court-Appointed Special Advocates), Journal: Do you have any advice for to me, every person around knows that the protective registry, lawyer disci- attorneys and judges? my number is 94-JUDGE. I’ve been pline, judicial discipline and other areas. Genovese: Yes. Uphold the integ- having it for 24 years. Okay, I bought it All of these things have separate depart- rity of the profession and maintain your from a lady from Houston who had the ments and we have to manage appoint- credibility and your reputation. It is so number. But it still works to this day. I ments for the positions. very important. We have a never-ending take pride in being local here. I mean, After we finish administrative con- job to get out there and convince the how many Supreme Court justices’ cell ference on the first day of conference, public that what we do is good. It’s diffi- numbers do you have? we normally handle what is called the cult when all you hear are the complaints Journal: None. two-list, comprised of all the most re- about lawyers and the lawyer jokes and Genovese: You have one now. cent writs filed. As these come in, they see all the lawyer billboards. But it’s are divided among the seven members interesting that when somebody’s fam- Journal: I appreciate you spending of the court. Normally, it will be around ily member gets in a jam, the first thing the time with us and thank you. 50 cases. Each justice may be respon- they do is call the lawyer. Genovese: You’re welcome. Please sible for seven or so cases and their staff To give some advice, we have over take this ole mule and make me look produces reports for those cases. Each 23,000 lawyers in Louisiana and there’s like a thoroughbred. justice reviews the other reports from always a place for good lawyers. From Journal: There are limits. the other justices’ offices as well. Then personal experience, I will tell you this: Winfield E. Little, Jr. is there are conference days for the one- If you are organized and prepared, you list, three-list, four-list, rehearing list a sole practitioner in can be a good lawyer, you can be a Lake Charles. He is a and discussion list. You have a list for good judge, and you can do a good job. member of the Louisiana everything. Organization and preparation can make Bar Journal’s Editorial Board and served on And, of course, you just read and up for lack of skill, or even lack of in- read and read and then, when finish the Louisiana State Bar telligence. Organize your case, have Association’s Board of reading, you start reading again. I’ve your exhibits ready and interview your Governors and in the never worked this hard in my life. But witnesses. Don’t look like you’re not House of Delegates. He received a BS degree this job is so very important because, prepared. The practice of law is an ad- again, somebody’s life, liberty and in physics in 1967 from versarial proceeding and you are out to Louisiana Tech and a JD degree in 1974 from property is at stake, not to mention the win. Being organized and prepared pays Louisiana State University Law School. (wlittle@ fact that you are the highest court in the major dividends. littlelawfirm.com; 616 Broad St., Lake Charles, land for state matters. What we say, how LA 70602-3759)

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