A Newsletter of the Judiciary of the State of Volume 3, No. 1 Summer 2000

Louisiana Holds Court in Lafayette Since 1898, the Louisiana Su- preme Court has been domiciled in . Here, it has had the distinction of being the state’s highest court, or as it is often called, the court of last resort in the state of Louisiana. Ultimately, the eight justices of the Louisiana Supreme Court have the final au- thority on a wealth of cases ad- dressing issues most basic to the daily lives of Louisiana citizens. Recently the justices of the Loui- Justice Jeannette Theriot Knoll greets a group of students after her siana Supreme Court held pro- remarks at the Heymann Performing Arts Convention Center in ceedings in Lafayette in an effort Lafayette, La. to inform and educate the public about the work of the Court. admission of additional evidence, another “For the past fifteen years, holding court on riding a bicycle while intoxicated and a in venues other than New Orleans has been third case involved employer liability for the a biennial tradition of the Court. The goal work-related automobile accident of an em- is to provide area citizens with a snapshot of ployee. the volume, variety and complexity of the Following oral arguments Justice Court’s caseload by bringing the Louisiana Jeannette Theriot Knoll, who was elected Supreme Court to them,” said from the Third Supreme Court District Pascal F. Calogero, Jr. which includes Lafayette, spoke to the high Typically these special sessions of court school students in attendance as well as a are held at one of the state’s four law group from the University of Louisiana- schools—Louisiana State University, Loyola Lafayette on court structure and appellate University, Southern University, Tulane procedure. University— on a rotation basis. However, The justices of the Louisiana Supreme on occasion public venues have also served Court hear oral arguments approximately as “the courthouse.” Such was the case on every six weeks at the Court’s permanent April 12 when the Heymann Performing residence – 301 Loyola Avenue in New Arts & Convention Center in Lafayette be- Orleans. The morning and afternoon court came a temporary “courthouse” for the Loui- sessions are open to the public. For siana Supreme Court. information about the Court calendar While in Lafayette, the Court heard oral contact the Clerk of Court’s Office at (504) arguments on three cases: one involving the 568-0507 or visit www.lasc.org. Court Column Court Column 2

CORNER District Court Rules Revised Reported efforts to streamline and unify the The proposed rules are in draft form and various rules of district courts in use throughout the Court Rules Committee is actively seeking the state of Louisiana began as early as the 1970’s. comments and suggestions from Louisiana In February 1997, the Louisiana Supreme Court judges and lawyers in an effort to address legiti- created the Court Rules Committee of the Judi- mate concerns and make needed changes before cial Council of the Supreme Court to bring to- reporting to the Judicial Council of the Supreme gether representatives of the bench and the Loui- Court in October 2000. siana State Bar Association (LSBA) to again tackle this topic. Since that date, a dedicated Court Rules Committee committee of judges and lawyers worked as one to review the various district court rules in exist- Susie Morgan, Chair Hugh M. Collins, Ph.D. Judicial Administrator ence in Louisiana and to consider whether more Patrick W. Pendley, Co-Chair consistency might be possible. Charlotte Bennett COLLINS The efforts by the current Court Rules Jack Pierce Brook Committee were enhanced by several factors, in- Judge Robert Burgess Congratulations are in order as the cluding: participation by a committee appointed Gregory Eaton Judicial Administrator’s Office, Depart- by the Supreme Court; monetary resources from Judge H. Ward Fontenot L. Albert Forrest ment of Children and Families, won first the LSBA, the Supreme Court, the Louisiana Keith B. Hall place in the 1999 National Educational Bar Foundation and the Criminal Justice Insti- Judge J. Michael McDonald Telecommunications Association tute; and professional assistance from the Na- Jerald Perlman (NETA) Awards for their production, tional Center for State Courts. Joseph C. Possa Adrift in the System: Louisiana’s Children After much study and debate, the Court Judge Frances M. Bouillion in Crisis. The 30-minute documentary, Rules Committee has proposed a set of general Judge Eugene W. Bryson, Jr. rules (Title I), covering topics such as courtroom Eric P. Duplantis spearheaded by Deputy Judicial Admin- use and courtroom decorum, applicable in all Judge Jules D. Edwards, III istrators Kären Hallstrom and Tony civil, criminal, family and juvenile cases in dis- Judge W. Ross Foote Gagliano as part of the Court Improve- trict court. Stephen F. Griffith, Sr. ment Program’s Campaign for Children, The Court Rules Committee also proposed Jan S. Jordan Judge Milton D. Moore, III was produced in conjunction with Loui- a set of rules for civil proceedings (Title II) and a Robert E. Peyton siana Public Broadcasting. It highlights set of rules for criminal proceedings (Title III). Patricia P. Reeves the plight of nearly 6,000 of Louisiana’s With respect to family and juvenile pro- Deborah B. Rouen children involved in the foster care sys- ceedings (Titles IV and V), the Court Rules Judge Ronald J. Sholes tem on any given day. Committee proposed a uniform system rather Judge Alex Wall Adrift in the System presents the views than a specific set of rules. If implemented, each Jack K. Whitehead, Jr. judicial district or court would be asked to re- Thomas W. Sanders of parents, children’s advocates, child number its existing rules using the numbering Jeremiah A. Sprague welfare professionals, legal experts and system adopted. Raymond P. Ward others on how to make the foster care system more responsive to the needs of Louisiana’s foster children. Additional insights about the system are provided by Judge Ernestine S. Gray, Orleans Parish Juvenile Court; Randy Ewing, former Louisiana Senate Presi- dent; and Judge Billy Ezell, 14th Judi- cial District Court. The video was made possible by the Court Improvement Program of the Louisiana Supreme Court, the Louisi- ana Children’s Trust Fund, Wendy’s In- ternational, Inc. and the Dave Thomas Foundation. NETA is a nationwide consortium of public television stations Mel Dugas, Director of Civil Staff of the Louisiana Supreme Court, was named the recipient of the 1999 Chief that provide educational and traditional Justice Excellence Award at a ceremony held recently. Dugas, a Tulane Law School graduate who has served with programming. the Louisiana Supreme Court since his graduation, accepts congratulations from Justice Walter F. Marcus, Jr. and Chief Justice Pascal F. Calogero, Jr. Sentencing Noise Offenders plan isbasedonasuccessfulprogram created by anArizonacourt. Lafreniere Park Boulevard, orworking oralongEarhart atGoodwill.Judge Olivier’s asetlistoftasks,includingpickinguptrashat chosefrom community service Prior tothedevelopmentofJudge Olivier’s program, thoseindividualssentencedto toworkwhere there isthegreatestneedincommunity.”community service cost isfinancedthroughfees. court board thatassignstheworkersadvisory hasbeenformed. The rest oftheprogram’s Jefferson Parish Saturday every andacommunity officialssupplytwosupervisors deemedbeneficialtothecommunity. forprojects tenced tocommunityservice leaders andnonprofit agenciesfilloutaformandrequestassistancefromthosesen- including littercleanupandmaintenanceofcommongrounds. program thatpermitscivicassociationstorequest helpforawidevariety ofwork, be neededby thecommunity. For thatreason, Judge Olivier hasdevelopedanew thatisprovided theservice shouldreally offender issentencedtocommunityservice, Offender Program AssistsCivicGroups elements andundesirablesightsfrom theircommunityandhasmadeneighborhoodsabetterplacetolive. rest easier, asthecleanuphaseliminatedsomeundesirable the program allowsresidentswholivenearthecemeteriesto go before Orleans Parish judgeseachday. said Bonin,whoestimatedthatatleast100trafficviolators number. “Believeme,we’re outofpeople,” notgoingtorun sult oftheprogram andexpectstomake20themaximum and cleaningofthecity’s seven cemeteries. manpower itnormallylackstoaccomplishthemaintenance which gives thecityofNew Orleansanditscemeteriesthe provides option theoffenderwithcommunityservice than facejailtimeandfines.At sentencing,Judge Bonin have theoptionofkeepingcity’s cemeteriescleanrather begun aprogram where offenderscitedforminorviolations Offenders WithGraveDetail ishes the personactually violatingthe law”, according to Judge Fuselier. punishes theactual offender, whereas havingtobeaccountable inotherwayspun- simple finewould. “A finepunishesthe parents ofayoungeroffender more thanit higher finethatisdecidedona caseby casebasis. addition tothe15days,second offendersare assessed additionaljailtimeanda 15daysinjail.In the one-year timeframe,the offenderautomaticallymustserve probation foroneyear. If anoffenderdoesn’t paythefine orhasanotherviolationin and a15-daysuspendedsentenceinOakdaleCityJail. offender isnotonlysubjecttoa$125fine,butalsotwodays ofcommunityservice If theoffenderpleadsguiltyorisfoundofviolating noiseordinance, the INNOVATIONSand sentencingoffenderstojail. City Judge Perrell Fuselier byrequiring communityservice goesonestepfurther Louisiana. While manylargemunicipalitiesrequire thatviolatorspayfines,Oakdale clubs, manycitieshave noiseormusicordinances inplace. OnesuchcityisOakdale, Judge Oliviersaid,“Iamconcernedby thechallengetogetthosesentenced Under Judge Olivier’s program,whichwentintoeffectinJanuary, community First Parish Judge Court Rebecca Olivier believesthatwhenamisdemeanor Judge Boninalsonotedthatan additionalbenefitisthat Judge Boninbeganbyproviding eighthelpersasare- Judge Paul Bonin,New Orleans Traffic has Court, Judge Fuselier believes that thesentencingpunishes offendersmorethana In lieuof jail time,Judge Fuselier putsfirst-timeoffenderson unsupervised In Oakdale,anyonewhogetsaticketforexcessive noisemustappearincourt. In response tothegrowing numberofloudsound systemsinbothcarsand city’s cemeteriesofovergrowthanddebris. An OrleansParishtrafficoffenderworksoffhissentencebycleaningthe www.abanet.org/domviol/home.html American Bar Association, Louisiana Judicial College Women Online Resources Cornell LawSchoolLegal National Associationfor CYBER COURTS Federal Judicial Center Department ofJustice, Department ofJustice, Information Institute Court ManagementCourt Domestic Violence www.ojp.usdoj.gov/vawo http://nacm.ncsc.dni.us/ Violence Against Violence Against Commission on www.law.cornell.edu www.law.lsu.edu/jc/ Women Office www.vaw.umn.edu www.fjc.gov 3 4 What Was The Most Historically Significant Decision Rendered by the U.S. Supreme Court During the 20th Century? As we move into the 21st century, the importance of certain decisions rendered by the United States Supreme Court continue to evolve. The Community Relations Depart- “For over ment of the Louisiana Supreme Court asked judges throughout the state to give their answer to the question. A survey questionnaire was sent to every judge in the state and a two centuries listing of the most popular responses along with a sampling of explanations follow. the U.S. THE MOST HISTORICALLY SIGNIFICANT Supreme U.S. SUPREME COURT DECISIONS OF THE 20th CENTURY, AS CHOSEN BY LOUISIANA JUDGES Court has

interpreted 4% Gideon v. Wainwright

the 4% Miranda v. Arizona Constitution. 23% Roe v. Wade Virtually 69% Brown v. Board every issue of of Education significance | | | | | in American 20 40 60 80 100 Society In the decisions rendered by the U.S. Supreme Court in the four cases eventually selected, the following conclusions were reached:

arrives at the Gideon v. Wainwright, 372 U.S. 335 (1963) - Established an indigent criminal defendant’s right to counsel in state criminal trials under the Sixth Amendment of the U.S. Constitution.

Supreme Miranda v. Arizona, 384 U.S. 436 (1966) - Declared a specific set of rights for criminal defendants. The Miranda warning, named after Ernesto Miranda, one of the petitioners in the Court.” case, is a list of rights that a law enforcement officer must read to anyone arrested for a criminal act.

Roe v. Wade, 410 U.S. 113 (1973) - Declared a pregnant woman is entitled to have an abortion until the end of the first trimester of pregnancy without any interference by the state.

Brown v. Board of Education, 347 U.S. 483 (1954) - Held that racial segregation in public education is unconstitutional, violating the Equal Protection Clause of the Fourteenth Amend- ment. FOCUS ON: 20th CENTURY LAW FOCUS ON: 20th CENTURY 5

“Brown v. Board of Education changed “Rooted, as it was, in a federal right to “Brown v. Board of Education. Not the social and political landscape of privacy that is unmentioned in the only did it change the prevailing America and raised the consciousness of Constitution, Roe v. Wade created concept of educating children (particu- a nation. It also significantly demon- constitutional interpretive issues larly in, but not limited to, the South), strated the power and desirability of the separate and apart from the turmoil it gave impetus to the integration of judicial system to effect meaningful that it left in its wake.” races in every aspect of life, socially, social change. That is a legitimate politically, economically and philo- cognizable function of a court.” sophically. The whole outlook of a majority of citizens of the United States was transformed.”

Judge Gene Judge John L. Judge Preston N. Thibodeaux Peytavin Aucoin 3rd Circuit Court 23rd Judicial 13th Judicial of Appeal District Court District Court

“The social and moral implications of “Brown v. Board of Education marked “Gideon v. Wainwright. This concept Roe v. Wade have entered the very the foundation for civil rights and affects every aspect of inherent fairness. fabric of our society and will impact demonstrated that when the legisla- It ‘leveled the playing field’ of criminal our culture for generations. Rarely does tive and executive branch get caught law. This case made it clear that the a legal decision so starkly outlive the in political stagnation, the courts have rights guaranteed by the U.S. Consti- religious and moral divergence on an to step up to protect constitutional tution would be effective for all issue within our society.” guarantees.” citizens, no matter their stature or position in life. In effect, it insured that the Constitution itself would survive.”

Judge Peter J. Judge W. Ross Commissioner Garcia Foote Craig Cimo 22nd Judicial 9th Judicial 24th Judicial District Court District Court District Court

“Brown v. Board of Education gave life “While other cases may be farther “Brown v. Board of Education. Results to the post-Civil War amendments to reaching, no case has reached more reached in other important cases, such the U.S. Constitution and provided the people than Miranda v. Arizona or as Gideon, Roe v. Wade, etc., already impetus for the great social changes of made citizens more aware of their existed in many states and would have the 60’s and 70’s.” Constitutional rights at the critical eventually in almost all. But the juncture when these rights are most Supreme Court paved the way in significant, i.e., you have the right to Brown decades before it would have remain silent...” otherwise resulted in the states.”

Judge Luke Judge Roland L. Judge Paul LaVergne Belsome, Jr. Young East Baton Rouge Orleans Civil Caddo Juvenile Family Court District Court Court 6 First Circuit Rides the Circuit The Judges of Louisiana’s First Circuit Court of Ap- The First Circuit Court of Appeal is domiciled in Baton peal held hearings in St. Mary Parish at Franklin Senior High Rouge and normally holds hearings at its courthouse located School, with Judge Douglas M. Gonzales of Baton Rouge, across the lake from the State Capitol at 1600 North Third Judge Brady M. Fitzsimmons of Covington, Judge John Street. In the late 1800’s, judges literally “rode circuit” on Michael Guidry of Baton Rouge and Judge John L. Weimer horseback to hold court. Riding the circuit, which gave the of Thibodaux, alternating sitting as a three-judge panel to court its name, ended in 1960. In 1996, the practice of hear oral arguments. “riding the circuit,” or traveling to various locations within a The First Circuit Court of Appeal decided to hold oral jurisdiction to hold court, was reinstated for special hear- arguments in St. Mary Parish following a request of the Dis- ings. Judges decided to renew the tradition of “riding the trict and City Court Judges, the attorneys of the St. Mary circuit” for educational purposes and to provide the oppor- Bar Association and the Inn of Court on the Teche. It is tunity for citizens to view the proceedings of the Court of believed to have been the first time the Court of Appeal Appeal. held oral arguments in St. Mary Parish. Lafayette Hosts Eatin’ Meetin’

Approximately 100 of Lafayette’s finest attended the first annual Lafayette Area Peace Officers Eatin’ Meetin’ at the Lafayette Parish Sheriff’s Department Training Acad- emy. The seminar, hosted by the Louisiana Third Circuit Judges Association, was designed to give area law enforce- ment officers an overview of basic criminal law. Areas of discussion included search and seizure, arrest and search warrant affidavit development and DWI arrest procedure. The group also reviewed and discussed several recent Su- preme Court cases dealing with traffic stop searches and other areas of arrest and search procedure. The attending officers represented the Lafayette Po- lice Department, Lafayette Parish Sheriff’s Department, Speakers included (left to right): Judge Diana P. Simon, Judge Thomas Acadia Parish Sheriff’s Department, University of Louisi- R. Duplantier, Judge Harmon Drew, Jr., Ms. Jean Talley Drew and ana Police Department, State Police/Troop I, Broussard Mr. Luke Edwards. Police Department, Carencro Police Department, Duson Police Department, Scott Police Department and Youngsville Police Department. Each officer received a complimentary copy of the True Blue Drew Book, authored by Judge and Mrs. Drew. Buckle Up Judge Douglas J. Saloom, Lafayette City Court, has cussed statistics and actual tragic incidents involving passen- designed a car safety belt program, Buckle Up Acadiana, gers not wearing safety belts. Afterward, a safety instructor that is in full swing with the help of the Louisiana IceGators. would demonstrate the proper way a child The objective of the program is to increase the use of safety should wear a safety belt. The belts and child safety seats by putting an emphasis on teach- program concluded with a ing students why they should be sure that everyone in their recitation of the “Safety family’s vehicle is properly buckled. Belt Promise” and the stu- The program was presented to seventeen fourth and fifth dents placing their signa- grades during the school year, reaching over 2000 children. tures on a banner to be Judge Saloom was joined at each session by a hockey player hung at the school as a from the IceGators. The hockey players discussed the im- reminder to buckle up. portance of wearing safety equipment in the sport of hockey followed by a local police officer or State Trooper who dis- COMMUNITY PARTNERSHIPS 7 Judge Participates in State Police Ride-Along

Getting out of the courtroom, away parishes seem to provide some of the most from the bench, and into the front seat of a hazardous situations for law enforcement. Louisiana State Police unit affords a judge While traveling nine hours and 260 a new perspective on the typical cases he or miles during the night, Johnson observed she might hear in court, according to Judge as Trooper Lipsey patrolled and ticketed Kathy Johnson, 7th Judicial District motorists for speeding, stopped a motorist Court. for suspected driving while intoxicated and Johnson participated in a Ride-Along assisted a Concordia Parish Sheriff’s Program with State Trooper Glenn Lipsey, Deputy in a vehicle search for drugs. traveling with him from 7:00 on a Friday Johnson said she feels the ride-along ex- evening until 4:00 am Saturday as he perience can be beneficial for both law en- worked a regular shift. State Trooper Glenn Lipsey and District Judge Kathy forcement and court officials as it provides “I learned to appreciate the risks the Johnson. them the opportunity to share their views officers subject themselves to as they work,” Johnson said, noting regarding arrest procedures and other law enforcement and court that darkly tinted vehicle windows and remote rural areas of the matters in an informal atmosphere.

Truancy Intervention Program Gets Children Into The Classroom

Judge Grace Bennett Gasaway, Hammond City Court, and ents of the potential for charges being filed against them and the District Attorney Scott Perrilloux recently entered into a partner- possibility of a daily fine for noncompliance. The parents are re- ship with the Tangipahoa Parish School System and Sheriff Ed quired to return a signed acknowledgment of the letter. Layrisson to enforce mandatory school attendance. Parents and The Tangipahoa Parish School System provides daily attendance guardians are accountable for their children’s attendance and the information through the principals of the 7th Ward Schools to the new partnership is designed to bring attendance violations to the court Truancy Officer, who monitors the attendance and assists in attention of the Court more quickly and efficiently. the processing of cases through the Truancy Court. Under the partnership’s truancy plan, known as S.W.A.T. (Sev- The FINS/Truancy Officer works daily with schools to assure enth Ward Assertive Truancy Program), parents of children in that absent students do not go unnoticed or unaddressed. “Swift Tangipahoa Parish 7th Ward Schools receive a letter from Judge and consistent follow-up is the key to the success of the S.W.A.T. Gasaway and the District Attorney, along with a copy of the school program,” according to Judge Gasaway. “The goal is to assure the attendance law. The letter explains the consequences for failure of a formalized education of all children, and everyone knows that the parent to send their children to school and specifically informs par- first step is to get the children into the classroom,” she said.

Classroom in the Courtroom

Judge Monty Doggett and Judge Rick Harrington, 10th Ju- dicial District Court (JDC), hosted students from Lakeview High, St. Mary’s High and Natchitoches Junior High as the first Natchitoches area schools to participate in Classroom in the Court- room, a new court-initiated program designed to educate junior and senior high school students about the criminal justice system. With Classroom in the Courtroom, the students are invited to the 10th JDC to learn about the judicial system firsthand through meetings with the judges, who provide information about the courts, an overview of the day’s docket and an opportunity for students to observe arraignments, hearings and misdemeanor trials from the jury box. Students deliberate on the verdict as if they were a real jury. “While students never actually participate in the proceedings,” said Judge Harrington, a former teacher, “they are as close to the action as possible. This, combined with their simulated jury role Students from Natchitoches Junior High take part in Classroom in the Court- play, gives them a real-life educational experience and a view of what room under the watchful eye of Assistant District Attorney Jacqueline Wil- they might expect if they take the wrong path in life.” liams and Judge Harrington. 8 IPSO FACTO... Artist Leaves Legacy at Courthouse

Enrique Alferez was a prolific sculptor whose sleek, stream- lined works can be found in parks, buildings and public spaces throughout the New Orleans area. A native of Mexico, Alferez came to New Orleans in the late 1920’s. He remained artisti- cally active in the city into his 90’s, rounding out a life rich and lengthy enough to have included service as a young man with rebels loyal to Pancho Villa, the Mexican revolutionary. Alferez recently died at the age of 98, but not without leaving his mark at the St. Bernard Courthouse.

IT’S A FACT: In 1939, an Enrique Alferez carving of King Solomon was installed at the St. Bernard Courthouse but later Photo by Times Picayune disappeared. No one knows what happened to it. In 1993, Alferez created a second carving of King Solomon for the courthouse as a replacement.

■ Chief Justice Pas- court judge in the United States to have trict Court, Vice-President; Judge Andrea cal F. Calogero, Jr., received this award. The award was pre- Price Janzen, Jefferson Parish Juvenile Court, recently celebrated his sented to him by U.S. Supreme Court Chief Secretary; and Judge Robert M. Murphy, 24th 10th anniversary as Justice William H. Rehnquist in a ceremony Judicial District Court, President. Chief Justice of the held in Washington, D.C. Louisiana Supreme ■ Judge Jimmie C. Peters, 3rd Circuit Court Court. Calogero was ■ Judge Salvadore T. Mulé was recently of Appeal, was recently elected as a Fellow of elected to the Louisiana Supreme honored by the Louisiana Children’s Trust the Louisiana Bar Association Foundation. Court in 1972. Fund with the Judge Richard Ware Award, given to individuals who work for the pre- ■ Judge Elaine W. Guillot, 22nd Judicial ■ Justice Walter F. vention of child abuse and neglect and dem- District Court, has completed a course in en- Marcus, Jr., has an- onstrate commitment and dedication to the hancing judicial skills in domestic violence nounced after 28 well-being of Louisiana’s children. cases, which was presented by The National years of service, he Judicial Institute on Domestic Violence. will leave the bench of ■ The Fifth Circuit Judges Association re- the Louisiana Su- cently announced their newly Elected Of- ■ Judge Gerard J. Hansen has assumed the preme Court effective ficers, Judge Edward A. Dufresne, Jr., position of Chief Judge for Criminal District September 1, 2000. Fifth Circuit Court of Appeal, Treasurer; Court for the Parish of Orleans, as of early Judge Emile R. St. Pierre, 29th Judicial Dis- 2000. ■ Justice Harry T. Lemmon recently Community Relations Department PRSRT STD celebrated his 20th Judicial Administrator’s Office U. S. Postage year as a Louisiana State of Louisiana P A I D Supreme Court Jus- 1555 Poydras Street, Suite 1540 Permit No. 665 New Orleans, LA tice. New Orleans, Louisiana 70112-3701

■ Retired Judge Kaliste J. Saloom, Jr., was the recipient Please call Court Column with address of the 1999 Warren E. changes or comments: Burger Award, which (504) 599-0311 honors individuals This public document was published at a total cost of who have made a sig- $2,483.00. 5000 copies of this document were published by the Louisiana Supreme Court Judicial nificant contribution to the adminis- Administrator’s Office, 301 Loyola Avenue, New tration of justice by the state courts Orleans, Louisiana as the quarterly newsletter of the judiciary of the State of Louisiana under the authority supporting the mission and goals of the of the Judicial Budgetary Control Board. National Center for State Courts. He became the first and only municipal Y O U R H N S