Third Circuit Candidate Forum

The Advertiser reports that a political forum for candidates seeking a seat on Louisiana's Third Circuit Court of Appeal will be held on August 24. "Announced candidates Francie Bouillion of Lafayette, Paul J. deMahy of St. Martinville, James T. Genovese of Opelousas and Thomas K. Regan of Crowley have accepted invitations to participate."

Fax Filing Beats Prescription

In Northern Insurance Co. of N.Y. v. Gabus, decided July 7, 2004, Judge Woodard of the Third Circuit explains the workings of the statutes allowing a suit to be filed by fax. The case arose from a fire that occurred on September 30, 2001. On September 30, 2002, an amended petition was faxed to the clerk of court naming Assurance Co. of America as an additional plaintiff. Under Louisiana law, Assurance had five days, excluding holidays, to get the original amended petition to the clerk. The clerk didn't receive the original until October 8. But the courthouse was closed from October 2 to October 8, so those days of closure didn't count against Assurance's five-day deadline. Result: Assurance's petition was timely.

Rideau Hearing to be Held Today

The American Press reports that the Third Circuit Court of Appeal refused to grant a delay requested by Wilbert Rideau, thereby allowing Judge Kent Savoie to hear evidence today in regard to Rideau's request to have the office of District Attorney Rick Bryant thrown off his case.

Defense attorneys want Bryant's office removed from Rideau's case because they say that:

• Members of the District Attorney's office have made numerous public statements that are improper, have been prejudicial to Rideau and allegedly violate the Louisiana State Bar Association's rules of Professional Conduct.

• Bryant has made statements outside the courtroom setting concerning the existence of a confession, admission or statement given by Rideau and his opinion as to Rideau's guilt again in violation of the LBA's Rules of Professional Conduct.

• Bryant has made numerous statements outside the courtroom setting "that he knows or reasonably should know are likely to be inadmissible as evidence at trial and would, if disclosed, create a substantial risk of prejudicing an impartial trial."

• These statements demonstrate Bryant's excessive zeal to keep Rideau imprisoned as opposed to seeking impartial justice. The comments indicate Bryant's alleged vindictiveness toward Rideau and show that his personal interest in keeping Rideau behind bars extend beyond his professional duty as a district attorney.