I ANNUAL I REPORT I 1977 I ' I - Office Of Justice Programs

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-----------IIIIII 'IIIIIf you have issues viewing or accessing this file contact us at NCJRS.gov. ANNUALREPORT1977IIIIr- t-c.

IITHE JlJIJIC IALIOlJNCILIII'IIIIIIIIIII:1'I(IFTHE SlJPBE;MEC lJBTOIlLOlJlSlilNil l'" , . --""'::\ (-5J;?q. ,iB0 "·1. ;;;,: :::':J 7)' [;1:f:Ls1:Jil ,Grr· . '; " ::}uANNIJAL llEPOllT""I Til1977 STATISTI(:SAND BELATED DATA

IIIIIIIIIIIIIIIIIIITABLE OF CONTENTS1977 ANNUAL REPORT OF THE JUDICIAL COUNCILSUPREME COURT OF LOUISIANA301 Loyola AvenueNew Orleans, Louisiana 70112Eugene J. MurretJudicial AdministratorSupreme Court . ,. 4Letter of Transmittal . , . , . . . . . . . . . . . . . . . . . . . . . . 7Supreme Court Graph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Judicial Administrator's Report . 10Judicial Council . . 12JUdicial Planning Committee . , . . 14Judicial College . , . 16THE LOUISIANA JUDICIARYCourts of Appeal . 17District Courts . . . , . . . . . . . . . . . . 20Family and Juvenile CourtsCity and Parish Courts . . 27STATISTICAL SECTIONIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . .Supreme Court . . . . . . . . . .Courts of Appeal . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .District Courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,.Family and Juvenile Courts . . . . . . . . "City and Parish Courts . , . , . . . . . . .Footnotes . , . . . . . . . . . .Maps . . , . . . ,.ANNUAL REPORT STAFFDr. Hugh CollinsEugene J. MurretPaulette Holahan, EditorSTATISTICAL SECTIONJames F. Martin, IIILansing L. Mitchell, Jr.SECRETARIAL ASSISTANCEFaye CourvilleWanda WilsonCover by Dale Anthony SmithPhotography by Greg Randon3234353638394041

F JUSTICE JOE W. SANDERSChief Justice Sanders is elected from the Fifth Supreme Court Districtcomprised of the following parishes: EAST BATON ROUGE, EASTFELICIANA, IBERVILLE, LIVINGSTON, POINT COUPEE, ST HELENA,ST. LANDRY, ST. TAMMANY, TANGIPAHOA, WASHINGTON, WESTBATON ROUGE, and WEST FELICIANA.4

,IIIIIIIIIIIIIIIIIIIASSOCIATE JUSTICEFRANK W. SUMMERSJustice Summers is elected from the Sixth SupremeCourt District comprised of the following parishes:ASCENSION, ASSUMPTION, IBERIA, LAFOURCHE,ST. CHARLES, ST. JAMES, ST. JOHN THE BAPTIST,ST. MARY, TERREBONNE, AND VERMILION.ASSOCIATE JUSTICEALBERT TATE, JR.Justice Tate is elected from the Third SupremeCourt District comprised of the following parishes:ACADIA, ALLEN, AVOYELLES, BEAUREGARD,CALCASIEU, CAMERON, EVANGELINE, GRANT,JEFFERSON DAVIS, LAFAYETTE, AND RAPIDES.1ASSOCIATE JUSTICEJOHN A. DIXON, JR.Justice Dixon is elected from the Second SupremeCourt District comprised of the following parishes:BIENVILLE, BOSSIER, CADDO, CLAIBORNE, DESOTO, NATCHITOCHES, RED RIVER, SABINE,VERNON, WEBSTER, AND WINN.5'"

IIASSOCIATE JUSTICEPASCAL F. CALOGERO, JR.'IJustice Calogero is elected from the First SupremeCourt District comprised of the following parishes:JEFFERSON, ORLEANS, PLAQUEMINES, AND ST.BERNARD.ASSOCIATE JUSTICEWALTER F. MARCUS, JR.Justice Marcus is elected from the First SupremeCourt District comprised of the following parishes:JEFFERSON, ORLEANS, PLAQUEMINES, AND ST.BERNARD.ASSOCIATE JUSTICEJAMES L. DENNISJustice Dennis is elected from the Fourth SupremeCourt District comprised of the following parishes:CALDWELL. CATAHOULA, CONCORDIA, EASTCARROLL, FRANKLIN, JACKSON, LA SALLE,LINCOLN, MADISON, MOREHOUSE, OUACHITA,RiCHLAND, TENSAS, UNION, AND WEST CAR-ROLL.CLERK OF COURTTHE HONORABLE HAROLD A. MOISE, JR.6IIIIIIIIIIII.IIII

IIIIIIIIIIIIIIIIIII ttttr ttt !J.altt'fS1i\TE OF LOUISIAN,l\301 LOYOLA AVENUECHiEF .JUSTICE.JOE W. SANDERSASSOCIATE .JUSTICESFRANK W. SUMMERSALBERT TATE .JR .JOHN A. DIXON, .JR.PASCAL F. CALOGERO, .JR.WALTER F MARCUS,.JR.JAMES L. DENNIS70112(504) 068-0747.JUDICIAL ADMINISTRATOREUGENE.J. MURRETHarch 1, 1978To the Members of the Supreme Court of Louisianaand the Board of Governors of theLouisiana State Bar AssociationGentlemen:In accordance with the prov s ons of subsection (e) of Section 5 ofRule XXII of the Revised Rules of the Louisiana Supreme Court, I am pleasedto submit herewith the twenty-second annual report of the Judicial Council ofthe Supreme Court.With respect to the work of the Supreme Court in 1977, the number ofappeals filed increased by 32% over the previous year and writ applicationsincreased by 27%. The Court acted on 2,435 matters compared with 1,167matters five years ago. A total of 420 opinions were handed down, averag:i.ng60 opinions per Justice. In addition, the Court handed down 200 !:ler curiamaffirmances without written opinion. nTo enable the Court to continue to maintain a current docket in thefaee of the ever-increasing easeload, the broadly-based Special Committee onAppellate Caseloads and Proeedures has recommended that the central staff beaugmented to five attorneys and that each justice be provided with an additionallaw clerk.Considerable interest in a statewide progrdm of records maintenanee surfacedduring the past year. As a result, I have appC'irfed a Committee on Court RecordsHaintenance and Storage. Chaired by Clerk of ( I t Ambroise H. Landry, Presidentof the Louisiana Clerks of Court Association, L.dt.: Committee is composed of derksfrom every level of the court system, historians, archivists and preservationists.The Committee has met several times and has undertaken national and local inquirieswhich will lead to reconunendations on record retention schedules, preservattonand storage.New scientific and technological developments are being uti lizer.l by variouscourts throughout the nation to improve their services. To accelerate a processalready begun in some of our own courts, I have appointed a Committee on Scienceand Technology in the Court!;).Chaired by Chief Judge Luther F. Cole of BatonRouge, the Conunittee is composed of judges, prosecutors, clerks of court, and7

court administrators. In order to handle the increasing workload, courts needt.he most advanced eqnipment and facilities. Establishment of the Committeerepresents an organized effort to introduce the latest scientific techniquesinto our courts, both urban and rural.In recent years, the executive and legislative branches have increasinglyafforded more fiscal independence and responsibility to the judicial branch. Asn result, the need arose for some type of judicial fiscal authority.By ruleof the Supreme Court, the Judicial Budgetary Control Board exercises this function.Primary fUllctions of the Board, composed of judges from every level of the courtsystern, are to review and make recommendations on the budget requests of thevarious courts and to reallocate certain funds during the year to meetunanticipated needs.In closing, I should like to single out for commendation the many judges ofour trial and appellate courts who have willingly accepted assignments to serveon other courts when need arose. With their generous cooperation the threat ofclogged dockets in these courts was averted.I should also like to recognize and velcome those judges who have assumedthe bench for the first time. Some of these are attorneys who at considerablepersonal sacrifice have accepted temporary appointments to fill judiCial vaC'ancies.I tolant to take this opportunity to thank all of the judges and members ofthe Judicial Council who have worked so hard during the past year to improve ourGourt system. I solicit your continued support during the coming year and welcomenny suggestions you may have at any time.Respectfully su W,JOE W. SAl'l'DERSChief Justice . -., .IIIIIIIIIIIIIIIIII8,J

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IIISUPREME COURT OF LOUISIANAIGROWTH OF FILINGS AND OP NiONS REN[)EHEDII II,2000III' 1500II 1000I iI500III I'j700600 .ff;t 100(jI. I.'.i".,,:;;.', ,- . 'i:.I.Ja i .r !J : ;;tifu1 r: ! :·( l tJi ht)\ . ". ," . . . '. '".,. . EN U N6 d '

THE JUDICIALADMINISTRATOR REPORTS . , Conference of court of appeal judges adopted far-reaching rules changes . ,One of the most significant developments tooccur during the past year was the creation by theCourt of Appeal judges of a special committee tostudy their case loads and rules of practice and procedure, with a view toward making changes whichwould improve the operations of those courts.Chaired by Judge William A. Culpepper, the comm.itte recommended, and the Conference of Courtof Appeal Judges adopted far-reaching rules changes.The routine practice of extending review beyond issues raised by the parties will now be reserved onlyin cases enunciating a new rule of law or modifying an existing rule, or where there are conflictingEUGENE J. MURRETauthorities or where the court is divided in itsJudicial Administratoropinion, or when the public has a substantial interest in the outcome. The determination ofof preparation time, conference time was often conwhether to publish an opinion will be based onsumed in lengthy discussion of the facts 'and thesimilar criteria. Oral argument has been reducedlaw as reported by the justice to whom the orifrom one hour to forty minutes per case. As aginal writ was assigned. Now, designation of theresult of the foregoing rules changes, it is anticispecific writs to be taken up at a conference arepated that the courts of appeal will be able tomade sufficiently in advance, so that each justicehandle their increasing case loads more effectively.can utilize his preparation time in studying eachwrit on the conference list. As a result, confer. New process reduces seasonal fluctuationsence discourse is utilized to elucidate legal pointsand permits the justices to allocate theirof significance. The new system, because of imenergies more effectively . proved advance study, preparation and scheduling,requires four half-day conferences per five weekThe Louisiana Supreme Court, through thecycle to avoid backlogs in writ filings, as comparedindividtlal efforts of its justices and aided by itsto four full day conferences and four half-day conInternal Study Committee, likewise undertook inferences to achieve the same result under the formquiries into ways and means of more efficientlyer system.handling the court's heavy work load. With theThe Special Committee on Appellate Courtassistance of Dr. Hugh M. Collins of my officeCase Loads and Procedures, appointed by thest ff, the court is able to predict the volume of newSupreme Court, rendered an interim report atfilings and to docket these filings evenly throughthe end of the year, approving the aforementionedrecommendations of the Courts of Appeal studyout the year. This new process reduces seasonalcommittee and the Supreme Court study commitfluctuations and permits the justices to allocatetheir t- nergies more effectively.tee, The Special Committee additionally recomConcomitantly, experiments by the courtmended that it or a similar committee should conwith procedures for handling writ applicationsvene at the end of this year to study the effects ofhave progressively evolved into a new, morethe changes instituted by the Courts of Appeal andqualitative system. Formerly, because of scarcitythe Supreme Court on the latters' work loads.10IIIIIIIIIIIIIIIIII

IIIIIIIIIIIIIIIIIIITrial judges bench book is nearing completion .The Trial Judges Benchbook project is nearing thecompletion of Phase I, criminal jury instructions - general and in particular cases. The Advisory Committee,chaired by Judge Hillary J. Crain and assisted by Professors Cheney Joseph and Raymond Lamonica of theLSU Law Center, expects to distribute these completedinstructions in ring-binders by the end of June.Criminal district court for the parish of orleans hasdecided to apply for funds .The Criminal District Court for the Parish ofOrleans has decided to apply for funds for a project tostudy its sentencing patterns and to develop sentencingguidelines for that court. If funded, the techniques andapplications of that project can be studied and adaptedby other interested trial courts . . . Jamis indiviual case reporting system . isundergoing modificationThe JAMIS individual case reporting system instituted in the district courts two years ago is undergoing modification, The desirability of reducing costsand employee time dictated a change to a sampling system. Instead of reporting data on each case, the clerksof the district courts will report data on every tenthcase. Applying statistical techniques to the sampledata, the analysis can reach the necessary valid findingson the universe of filings in each court. Court systems inother states are already beginning to look upon this approach initiated by my staff as a model for their futuresystems.Finally I I wish to make special note of the excellent spirit of cooperation which continues to mark thejudges and clerks of Louisiana. My staff and I givethanks to them for their friendship and support. ).)rJ Judicial Administrator11

MEMBERSHIP OF THE JUDICIAL COUNCIL OF THESUPREME COURT OF LOUISIANAHonorable Joe W. Sanders, ChairmanChief Justice, Supreme Court of LouisianaHonorable Thomas A. CaseyState SenatorHonorable John T. Hood, Jr., Vice ChairmanChairman, Conference of Court of Appeal JudgesMr. Frank T. Salter, Jr.President, Louisiana District Attorneys AssociationHonorable Frank W. SummersAssociate Justice, Supreme Court of LouisianaMr. Marlin RisingerAttorney at Law (HlOrable Frederick S. EllisJudge, First Circuit Court of AppealMr. Ambroise H. LandryPresident, Louisiana Clerks of Court AssociationHonorable Thomas W. TannerPresident, Louisiana District Judges AssociationDr. Charles T. BeairdPublisher, The Shreveport JournalHonorable Douglas J. NehrbassJudge, 15th Judicial DistrictHonorable J. Cleveland Fruge, RetiredThird Circuit Court of AppealHonorable Denald A. BeslinPresident, Louisiana City Judges AssociationHonorable Albert Tate, Jr.Associate Justice, Supreme Court of LouisianaHonorable Sol Gothard, representingPresident, Juvenile & Family Court Judges AssociationHonorable John A. Dixon, Jr.Associate Justice, Supreme Court of LouisianaMr. Howard B. Gist, Jr.President, Louisi:ana State Bar AssociationHonorable Pascal. F. Calogero, Jr.Associate Justice, Supreme Court of LouisianaMr. Richard E. Gerard, Jr.Chairman, Young Lawyers SectionLouisiana State Bar AssociationHonorable Walter F. Marcus, Jr.Associate Justice, Supreme Court of LouisianaMr. Oliver P. StockwellPresident, Louisiana State Law InstituteHonorable James L. DennisAssociate Justice, Supreme Court of LouisianaHonorable John J. Hainkel, Jr.State RepresentativeMr. Eugene J. MurretJudicial Administrator12,IIIIIIIIIIIIIIIIII

IITHE JUDICIAL COUNCIL·1----IIIIIIIIIIIIIIIIJudicial council . charged with theresponsibility of monitoring and evaluating the operations and procedures ofthe judicial system of the state.Since its establishment in 1950 and subsequent funding by the state legislature in 1954,the Judicial Council of the Supreme Court ofLouisiana has been charged with the responsibility of monitoring and evaluating the operations and procedures of the judicial system ofthe state. il1 fulfilling its mandate, the JudicialCouncil serves as a vehicle for the receipt andconsideration of suggestions for methods of simplifying and expediting judicial procedures andfor correcting faults in the administration ofjustice.An important facet of this process is to recommend to the state legislature creation of newjudgeships and new judicial districts where crowded dockets and a growing backlog of cases reflectthis need.Upon recommendation of the Judicial Council, a law clerk for the 20th Judicial District - Eastand West Feliciana parishes - which has only onejudge and in which are located two state institutions - Louisiana State Penitentiary at Angola andthe East Louisiana State Mental Hospital, which includes the criminally insane - was funded by thestate.Recommendations of the Judicial Councilwith regard to regulation procedures resulted inmaking uniform with the rest of the state theterm of the constable of the First City Court ofNew Orleans - six years - and affirming jurisdiction of the First City Court of New Orleans at 2,000, also uniform with rhe rest of the stateas well as establishing a method for appointmentof an interim Justice of the Peace to fill a vacancycreated by the tempormy absence of a Justice ofthe Peace. This appointment will be made by thechief judge of the district court for the area. , . The council has requested, , , studyof methods. , . dealing with a systematic standardized procedure for recommending new judgeships. New judgeships . New district court.As a result of Judicial Council recommendations to the state legislature in. 1977 , three newjudges were added to the Third Circuit Court ofAppeal and one judgeship each was created for thefollowing Judicial Districts: 13 th - Evangeline parish; 16th - Iberia, St. Martin, and St. Mary parishes;21st - Livingston, St. Helena, and Tangipahoaparishes; 24th - Jefferson parish; and the 34thSt. Bernard parish. Two new judges were addedto the Family Court in Baton Rouge, and a J uvenHe Court Judge for Caddo parish was designated.A new district court for Caldwell parish now the 37th Judicial District - was established.City courts in Lake Charles and Monroe each received one new judgeship. A new law clerk for the 20th judicialdistrict . (and) recommendations ofthe judicial council with regard to reogulation procedures .As an aid to the Council in its deliberations,the Council has requested the Judicial Administrator to conduct a study of methods in otherstates dealing with a systematic standardized procedure for recommending new judgeships. 1'h,;!Judicial Administrator has under-taken such a program.The Judicial Council has also noted that requests for additional judgeships or for the splitting of judicial districts can no longer be consideredfor any district not reporting its caseload figuresunder the Judicial Administrator's Management Information System (JAMIS) on a regular basis asthese statistics are vital to any decision makingprocess in this area.The Judicial Council maintains through itsmembers and the office of Eugene J. Murret, theJudicial Administrator, a continuing overview ofthe courts of the state and all the activities relatedto them.On the following page these areas of concern are enumerated.13

THE JUDICIALPLANNING COMMITTEELouisiana's JPC . The outstanding judicial planning committee now operating in theUnited States .The successful activities of the JPC subcommittees, coupled with the enthusiastic national reception given to the organizational approach whichthe JPC has taken, has led Dean Ellis Katz, whowas named by the National Center for State Courtsto evaluate court planning projects, to name Louisiana's JPC as the outstanding Judicial Planning Committee now operating in the United States.The order given the JPC by the Chief Justicewas twofole!. First, they were charged with developing a more productive relationship between thejudiciaty and the Louisiana Commission on LawEnforcement (LeLE) which administers LawEnforcement Assistance Administration (LEAA)funds. Secondly, the JPC was asked to develop aplanning process for the courts of Louisiana whichwould allow for a continuing rational examinationof problems and potentialities within the courtsystem.The JPC appointed six short

Chaired by Judge William A. Culpepper, the com m.itte recommended, and the Conference of Court of Appeal Judges adopted far-reaching rules changes. The routine practice of extending review beyond is sues raised by the parties will now be reserv

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