Representative Tauzin to take over Jack Valenti's post at the MPAA

The New York Post is reporting that Congressman Billy Tauzin will take over from Jack Valenti as head of the Motion Picture Association of America. 

Attorney General Opinions Released

A summary of opinions released by the Louisiana Attorney General's Office during the week of October 6-10 follows. Written legal opinions are case-specific and are intended to be used and interpreted by the requestor. To order a copy of the full opinion, please contact the Louisiana Attorney General's Office at 225-342-7013.

#03-0340
Act 356 of the 2001, Regular Session applies to all drainage district boards in the state. (Rutledge)
Op to Rep. Dan W. Morrish, Jennings, LA
Date Released: October 8, 2003

#03-0362
Individual may hold full-time employment as police officer and part-time employment as police officer in separate municipality. (Kilpatrick)
Op to Mr. L. Douglas Lawrence, City Attorney, Bastrop, LA
Date Released: October 10, 2003

#03-0349
Municipality may not place term limitations upon appointees to local civil service board. (Kilpatrick)
Op to Mr. Steven J. Dupuis, City-Parish Attorney, Lafayette, LA
Date Released: October 10, 2003

#03-0358
Public officers or employees of the State of Louisiana, including officers of a political subdivision, cannot use their power, nor State funds, to contract for personal gain. (Braud)
Op to Honorable John F. Overton, Sr., Mayor, Maringouin, LA.
Date Released: October 10, 2003

Local School's Trademark Application Sidetracked by AOL

The Times-Picayune reports that Grantham University, a Slidell-based university that has 5,000 students enrolled in Internet correspondece classes, has run into trouble trying to trademark a new slogan, "America's Online University." The school has operated for 50 years in relative obscurity, so the attention resulting from AOL's objection to the proposed trademark provides some welcome attention to the enterprise. "If all of this sheds a little light on what we're doing, then that's wonderful," said spokesman Jason Maloni. The school has withdrawn the application, rather than fight with AOL.

Judges Fail to Attend Community Meeting

The American Press reports that neighborhood watch groups in Lake Charles are upset that judges from the 14th JDC failed to attend a meeting that was called to address the problem of reduced bail bonds.

Chief District Judge David Painter said the invitation from the group was discussed among the judges. Judge Wilford Carter agreed to attend the meeting, he said. "He just didn't go," Painter said.

The meeting was called to address the rising number of criminal suspects who have been re-arrested after posting reduced bonds.

Bodenheimer Sentencing Delayed

The Times-Picayune reports that federal prosecutors have requested a continuance in the sentencing of former-judge Ronald Bodenheimer. "Don't read anything into it," said Acting US Attorney Jim Letten. "We might or might not do it again." The hearing has been postponed to January 21.

Councilman Sues Schoolboard for Hazing Incident

The Advocate reports that Ascension Parish Councilman Jerry Savoy has filed suit against the Ascension Parish School Board, a high school football coach, and the parents of three students that allegedly hazed Savoy's son. The suit, which was filed on Tuesday, would have prescribed today. Savoy, who was recently re-elected to his spot on the council, claims that he wants to stop future incidents. The school board, however, has already adopted an anti-hazing policy and criminal charges are being pursued against the students responsible for the incident.

ACLU Sues Tangipahoa School System

The Advocate reports that the American Civil Liberties Union has filed suit against the Tangipahoa Parish School Board for the third time in nine years. The suit alleges that the school system has endorsed public prayer at Loranger High School football games, thereby violating constitutional restrictions on government-backed religious activities.

Judge Recommended for Suspension

The Advocate reports that the Louisiana Judiciary Commission has found that 33rd JDC Judge Joel Davis violated state law and judicial ethics by appointing his father as a public defender in cases heard in his own court. The commission has recommended to the Louisiana Supreme Court that Judge Davis be suspended for 180 days without pay and required to pay the $1,532 in court costs associated with the three-year investigation of his misconduct.

The American Press provides a more detailed analysis of the situation.

9th Circuit Decision to Impact Baton Rouge Plaintiff

The Advocate reports that the fate of more than 1,200 DNA swabs collected in the hunt for Derrick Lee might be impacted by a United States 9th Circuit Court of Appeals ruling that the national law requiring federal convicts to provide blood samples is unconstitutional.

The California opinion addresses a central issue before the federal court in Baton Rouge: Under what circumstances can law enforcement authorities collect, maintain and share DNA profiles to solve crimes?

Attorneys for Floyd Wagster argue that the "voluntary" samples collected during the hunt for the serial killer were not supported by probable cause and that the federal law "is similar in construction and operation." US District Judge Polozola has given both sides four days to file their analysis of the decision.

Lee to be Arraigned in Lafayette

The Advertiser reports that Derrick Lee is scheduled to be arraigned for the killing of Trineisha Dene Colomb in Lafayatte today. The article notes that special security precautions have been taken at the courthouse because of the national attention that the case has attracted.

Retroactive Application?

The Times-Picayune provides an in-depth look at the issues associated with retroactive application of recently passed Constitutional Amendment No. 3, which limits the amount of damages that oyster farmers can recover as the result of losses from wetland restoration projects. Since many oyster farmers have already won judgments against the state, a retroactive limitation on those judgments poses due process concerns. Accordingly, the big question is whether the state courts will find other grounds to reduce the judgments.

Representative Tauzin to leave House?

The Christian Science Monitor reports on the possibility that Rep. Billy Tauzin may give up his post to take over Jack Valenti's job as head of the Motion Picture Association of America. Tauzin has insisted that he is running for reelection.

Lafayette attorney goes to jail for missing a court hearing

The Advertiser: "Attorney David Willard said Friday that a scheduling conflict and miscommunication led to him missing a court hearing before 16th Judicial District Judge Gerard B. Wattigny and a subsequent bench warrant for his arrest for not appearing in court."

Jindal Flier offends US Judge from Houma

WWLTV's website reports that: "A campaign mailing by supporters of Louisiana governor hopeful Bobby Jindal has a New Orleans-based federal judge and members of his Houma family seeing red. The literature, though it doesn’t specifically name him, labels U.S. District Judge Stanwood Duval II as a 'left-wing' jurist."

Senator Breaux to retire?

Political Wire is reporting that Senator John Breaux may annouce his retirement shortly after the Louisiana Governor's race is completed on November 15th.

Bar Results Released

Results from the July 2003 Bar Examination were released by the Louisiana Supreme Court last Friday. A summary follows:

School	Students	Passed	Cond.	Failed
LSU	175	131 (75%)	34 (19%)	10 (6%)
Loyola	136	81 (60%)	37 (27%)	18 (13%)
Southern	123	48 (39%)	32 (26%)	43 (35%)
Tulane	85	60 (71%)	20 (24%)	5 (5%)
Other	99	58 (59%)	21 (21%)	20 (20%)
Total	618	378 (61%)	144 (23%)	96 (16%)

Statistics are also available from February 2003.