Drama in New Orleans: the city council vs. the mayor [new orleans]

CityBusiness reports:

The New Orleans City Council will hold a special meeting and executive session Monday with the hope of reaching a consensus on how to move forward following Mayor C. Ray Nagin’s vow to discontinue funding the full contract of sanitation services in the French Quarter.

"The Home Rule Charter clearly provides that the (budget) ordinance is a law which the mayor is required to follow, like all other ordinances, " the opinion said. Further, it said, the council can seek a court order to "compel the mayor to distribute and spend funds as required" under the ordinance.

New Orleans domestic partner registry is legal

The Times-Picayune reports:

The city of New Orleans acted legally in the 1990s when it created a registry for same-sex couples and used it as a basis to provide health insurance for the partners of its gay and lesbian employees, a state appellate court ruled last week.

Top Nagin aide quits to join law firm

The Times Picayune reports: Charles Rice, the City's Chief Administrative Officer, is quitting to join the local law firm Barrasso, Usdin, Kupperman, Freeman & Sarver. Rice had been the City Attorney before he took the post of CAO.

Single White Women Only Will Cost You

A $9,000 settlement has been reached between a Metairie landlord who was accused of refusing to rent his apartments to prospective black tenants and the Greater New Orleans Fair Housing Action Center, according to a report by The Associated Press. According to witnesses, the landlord said that he only rented to single white women.

Panel Approves Pay Raise for Judges

A special panel has approved a proposed pay raise for state judges. The Times-Picayune reports that state judges are seeking a 9% raise over two years. Governor Blanco has said she is aware of the proposal, but her priority is getting a pay raise for Louisiana teachers. Blanco has also said that she might support a smaller 4% raise, but only after the teachers recieved their raise. The proposed raise would apply to judges at all levels, from district judges to the Supreme Court.

Judge Critques Wardrobe

The murder trial of Steven Williams has turned into a discussion of appropriate courtroom attire at times. The Times-Picayune reports that Judge Lynda Van Davis as criticized the defendant for wearing his pants too low. A controversy also erupted when a witness unexpectedly took the stand in street clothes instead of his orange prison jumpsuit.

Perfect name for a lawyer

Today's Times-Picayune reports that McGlinchey Stafford has hired a litigator named Allen Trial.

Jury Continues to Deliberate in Discrimination Suit

The Times-Picayune reports that a Federal Jury is still deliberating in the discrimination case against New Orleans DA Eddie Jordan. Jordan is accused of being racially motivated in his hirings and firings after he took office in 2003. Jordan has stated that his actions were not motivated by race, but he simply wanted to clean house and bring in people who were loyal to him.

Jordan Discrimination Trial Continues

The trial over Orleans DA Eddie Jordan's hiring and firing decisions after his election continues according to the Times-Picayune. A member of his transition team testified that while the decisions were not based on experience or job performance, they were also not based on race. Jordan has defended his decisions as part of the so called spoils system of appointment.

NOLA Judge Blasted in Report

The Times-Picayune reports that the Metropolitan Crime Commission of New Orleans is going to release a report today indicating that Orleans Parish Criminal District Court Judge Charles Elloie grants bail bond reductions at a significantly higher rate than other judges. After reading a draft copy of the report, Judge Elloie noted: "Yeah, it took me by surprise, I knew I was doing the lion's share, but I didn't think the lion was that greedy." The article notes that Judge Elloie has agreed to change some of his practices after reviewing the report.

Orleans DA in Federal Court

The Times-Picayune reports on yesterday's opening arguments in a case filed by former employees of the Orleans Parish District Attorney's Office against District Attorney Eddie Jordan. The plaintiffs claim that DA Jordan was improperly motivated by race when he fired 44 workers when taking office in January 2003.

"While it may be OK for a new DA, or a new sheriff, to come in and clean house, you can't clean house with all of one race," said Clement Donelon, the lead attorney for the plaintiffs, during opening arguments in the case. "You can't fire all the white people to hire your friends and all the black people."

The trial is before US Eastern District Judge Stanwood Duval and is expected to last four weeks.

Judge Wrongly Accepts Donations

The Times-Picayune reports that Judge Leon Cannizzaro Jr. improperly accepted donations during his successful run for a seat on the Fourth Circuit Court of Appeals. Judge Cannizzaro apologized for the mistake in an appearance before the Louisiana Judiciary Commission, and the panel found "no indication whatsoever that [he] has been anything but a fair and unbiased judge." Accordingly, the commission has recommended that the judge be publicly censured by the Louisiana Supreme Court and ordered to pay $800 for the cost of the investigation.

Other School Boards to Pray, Despite Court Ruling

The Times-Picayune reports that the St. Bernard Parish school board will open its meeting tonight with prayer, despite a federal judge's ruling regarding school board prayer in Tangipahoa Parish. Associate Dean for Academic Affairs at Loyola Law School, Rev. Lawrence Moore, states that the court ruling should be narrowly construed and only applies to Tangipahoa. Joe Cook of the Louisiana ACLU disagrees, saying that, particularly in the Eastern District, all school boards should abide by the ruling.

Louisiana Supreme Court Considers Trade Center Tax Issue

The Louisiana Supreme Court will hear arguments regarding dedicated tax dollars and the renovation of the World Trade Center hotel according to a report in The Advocate. The issue presented in the WTC case is very similar to one decided by the Court in February. In a case involving the proposed Bass Pro Shops in Denham Springs, the Court ruled that dedicated tax dollars could not be diverted to help lure the sporting goods store to the area.

"I Can Learn" Trial Begins Today

The Times-Picayune reports that a suit filed by JRL Enterprises, Inc. against several of its former board members is set to go to trial today before Judge Yada Magee in Orleans Civil District Court. JRL Enterprises develops and markets "I Can Learn" educational software, which is used nationally. The multi-million dollar suit alleges that Richard Bachmann, a former member of the board, conspired to take control of the company from its founder in order to sell it quickly.

Convicted Man Allowed to Continue Claims of Wrongful Conviction

A man serving a life sentence for his role in a 1997 murder can continue his appeal on the basis that he was wrongly convicted, according to a State District Judge. The Times-Picayune reports that the man was convicted of being the getaway driver. The man who was convited of being his partner and the shooter was later cleared by DNA evidence. The defense argument is that because they were convicted under the theory that they worked together, evidence clearing one should clear the other.

Girl Sues Zulu for Coconut Injury

The Times-Picayune reports that a 14 year old girl was injured by a coconut thrown from a float during the 2004 Zulu parade. The krewe is protected by a state law that states that parade goers assume the risk of being hit by anything traditional thrown from Mardi Gras floats. The suit seeks damages for "physical pain and suffering", and future "emotional and mental anguish."

Gauthier Firm Sold

Biz New Orleans reports that Wendell Gauthier's firm has been purchased by John Houghtaling, James Williams and Deborah Sulzer. The article notes that Houghtaling started working at the firm eight years ago--as a runner. He is now the majority partner in the firm.

Discrimination Suit Against District Attorney Will Proceed

U.S. District Judge Stanwood Duval has cleared the way for a jury to hear claims that Orleans Parish District Attorney Eddie Jordan fired 53 white employees when he took office because of their race, according to a report by The Associated Press. Judge Duval rejected a motion from Jordan on Wednesday to dismiss the suit without a trial.

$56 Million or Not, You Still Need a Permit

The New Orleans Aviation Board has broken ground on a $56 million runway rebuilding project and Kenner Mayor Phil Capitano has recently informed the board that the airport needs a building permit and City Council approval for the project, according to a report in The Times-Picayune. Capitano stated that because the runway "footprint" had changed, council approval is required under zoning laws put in place in 1997 to keep airport expansion in check. Changes to the existing runway are needed to comply with new Federal Aviation Administration runway standards requiring the paved shoulders of the runway to be 35 feet wide instead of 25-feet.

Judge Not Allowed to Fund Defense With Campaign Funds

The Ethics Board ruled that State District Judge Alan Green cannot use his campaign fund to pay for his defense. The Times-Picayune reports that Green is accused of taking more than $20,000 in bribes from Louis Marcotte, III, a bail bondsman, so that Marcotte could maintain a near monopoly on bail bonds in the 24th JDC.

Imprisoned Ex Judge Accuses Copeland

Former state district judge Ronald Bodenheimer claims that he conspired with New Orleans restaurant owner Al Copeland to fix Copeland's child custody case. The Times-Picayune reports that Copeland allegedly threatened Bodenhiemer by stating that he would have opposition during the next election. Bodenheimer is serving a 46 month federal sentence for his role in the conspiracy among other crimes.

New Orleans City Council hiring local law firm

The Times-Picayune reports that the New Orleans City Council voted Monday to hire the firm of Herman, Herman, Katz and Cotlar to pursue litigation in a dispute with the Sewerage & Water Board. The dispute concerns who has the right to authorize the laying of conduits for underground fiber-optic cables.

Student Sues Jefferson Parish School Board

A Muslim student is suing her teacher and the Jefferson Parish School Board alleging that her teacher pulled off her head scarf and told her that he "hopes God punishes her." The Times-Picayune reports that the student was not satisfied with the administrative measures taken by the School Board.

K-Mart Drops Suit Against Alan Green

The Times-Picayune reports that Kmart Corporation has decided not to pursue the federal lawsuit it filed alleging that former 24th JDC Judge Alan Green and former bail bonds executive Norman Bowley rigged a 2001 slip-and-fall case against the company. Both Green and Bowley have been charged with federal racketeering charges, so Kmart has withdrawn its case reserving the right to re-file it after the criminal charges have been resolved.

Mardi-Gras Lawsuits

The Times-Picayune reports that an ex-member of the Krewe of Muses, lawyer Christine M. Mora, has filed suit against her former Krewe and Blaine Kern Mardi Gras World, Inc. in an effort to recover damages for injuries she incurred during last year's parade. The lawsuit, filed in Orleans Civil District Court, alleges that the driver of the float was negligent, which caused her to lose balance and strike her eye on one of the unprotected metal hooks used to hang beads. "Muses' captain, lawyer Staci A. Rosenberg, declined to comment on Mora's claim that she wrote and telephoned the krewe [asking it to pay her medical bills before she filed suit]."

Ieyoub Vying to Become Lobbyist for Jefferson Parish Schools

Former Attorney General turned lobbyist Richard Ieyoub is in the running to become a lobbyist for the Jefferson Parish School Board. However, the Times-Picayune reports that his assistant is under indictment. This is reason for concern for some members of the board.

New Orleans DA Opposes Release of "Heroin Lifers"

DA Eddie Jordan opposes the release of so called "heroin lifers" according to the Times Picayune. Many of these inmates were convicted years ago and sentenced to life in prison under the state's strict laws concerning heroin. According to article, the sentencing laws concerning heroin were recently relaxed but many of these people who were convicted in the 1970s are still serving life sentences.

Train with the FBI?

The Times-Picayune reports that the FBI's New Orleans Division is offering a seven-week Citizen's Academy, only open to 20 people, which will include training on evidence collection and firearm use. The Academy involves three-hour sessions one night a week and one Saturday session. "People interested must call 504-816-3001 to apply and must be willing to undergo a criminal background check and a credit check."

Lammico President Steps Down

BizNewOrleans reports that the longtime president of the Louisiana Medical Mutual Insurance Co. (Lammico) has stepped down. Chief operating officer, Henry J. Jumonville, will be leaving effective January 26, 2004 and will not be replaced according to CEO Dr. John E. Lemoine.

Suit Seeks Class Action over Homestead Exemption

The Times-Picayune reports that several Orleans parish residents have filed lawsuit after they were denied their homestead exemption for this year by the Louisiana Tax Commission. Because Orleans Parish assesses taxes at the beginning of the year, a new law passed by the legislature has apparently resulted in larger tax bills for hundreds of people who purchased a home in New Orleans after August 1, 2004.

Liskow and Lewis Opens Houston Office

BizNewOrleans reports that Liskow and Lewis has opened a Houston office.

What Constitutes a Crack Pipe?

New Orleans Police arrested a clerk and shop owner for selling what were described as crack pipe kits. The Times-Picayune describes the difficulty in prosecuting certain drug paraphernalia cases.

Capital Punishment in Louisiana

The Times-Picayune reports that 88 await execution on Louisiana's death row. The story provides statistical comparisons on capital punishment from across the country and also notes that Orleans parish has "counted its seventh year without a single death sentence, despite ample opportunity and a high murder rate."

Green's Indictment is "Cloud Overhead"

The Times-Picayune reports on the atmosphere around the 24th JDC after news broke of Judge Alan Green's possible indictment related to Operation Wrinkled Robe.

Profile of NOLA Juvenile Court Candidates

The Times-Picayune profiles the five candidates vying for a seat in Section C of the Orleans Parish Juvenile Court: David Bell, Sandra Cabrina Jenkins, Yolanda King, Kim O'Dowd, and Robin Shulman.

LASC Eliminates Slidell Candidates

The Times-Picayune reports that the Louisiana Supreme Court reversed Judge William Burris of the 22nd JDC and the First Circuit Court of Appeals to hold that two candidates in a Slidell City Court race are not eligible for office because they will not have five years of experience on the day of the general election.

More Charges in Operation Wrinkled Robe?

The Times-Picayune reports that federal prosecutors have written a letter to 24th JDC Judge Alan Green indicating that they are planning to file a grand jury indictment against him on possible charges of racketeering, conspiracy and mail fraud.

Slidell Judicial Race Stakes Raised

The Times-Picayune reports that Chuck Branton, a Slidell lawyer, has filed suit challenging the qualifications of two candidates running for a seat on the Slidell City Court. Branton alleges that Bryan Haggerty and Vincent Lobello haven't been licensed to practice law for at least five years. Both candidates were licensed on October 15, 1999 and they are part of an eight-person field.

Because one of the eight candidates running for Slidell City Court judge could theoretically secure the seat without a runoff election, their fifth year must start before the Sept. 18 special election, [Branton] said

State Judge William Burris of the 22nd Judicial District in Covington will hear the case Wednesday.

3 Left in Orleans CDC Race

The Times-Picayune reports that Kelly McNeil Legier has withdrawn from a race for a seat on the Orleans Civil District Court bench. Her withdrawal leaves three candidates vying for the seat that was vacated when Hunter King was removed from the bench by the Louisiana Supreme Court. The remaining candidates are: Paulette Irons, Bernadette D'Souza, and Marie Williams

NASA Lawyer Heading Home

The Times-Picayune profiles Paul Pastorek, a New Orleans native, who recently resigned as NASA'a chief counsel. "Several people said Pastorek's return to New Orleans as a private lawyer with Adams and Reese could reap dividends for the Michoud Assembly Facility, which makes space shuttle external fuel tanks in eastern New Orleans."

NOLA Lawyer, Court Worker Indicted

The Times-Picayune reports that Glenda Spears, a new orleans lawyer, and Angela Kirkland, a former drug court counselor, were indicted by a federal grand jury on charges of computer fraud. The charges are related to an alleged bribery scheme where the two women offered freedom to probationers in exchange for cash.

Subdivision Wetlands Permit Struck

The Times-Picayune reports that US District Court Judge Jay Zainey has voided a federal wetlands permit for the first phase of a proposed Covington neighborhood because the US Army Corps of Engineers failed to adequately address the environmental impact of the development.

Orleans has new Juvenile Judge

The Times-Picayune reports that Orleans Parish Juvenile Judge Anita Ganucheau announced she will retire after 25 years on the bench. Accordingly, her only challenger for the bench, Louis F. Douglas, will take her seat in Section E of the court. "When pressed, Ganucheau said that while Douglas' entrance into the race wasn't a factor in her retirement decision, 'the fact that he is a capable person just probably made it easier for me to come to my decision.'"

St. John the Baptist Judgment Reduced

The Times-Picayune reports that US District Court Judge Ivan Lemelle has ordered the fees assessed against St. John the Parish School Board reduced by almost $40,000. The order comes almost a year after the redistricting suit was "largely resolved."

Gay Marriage Ban Lawsuit

BizNewOrleans reports: "One challenge to a proposed amendment that would lock a same-sex marriage ban into Louisiana's constitution was quickly dismissed today. A second will be heard Friday."

New Orleans Law Firm Merger

BizNewOrleans reports: "Law firm Shaw Norton Degan has joined the local office of fast-growing Memphis-based Baker Donelson, Bearman, Caldwell & Berkowitz officials announced today." Shaw Norton Degan was founded in 2000. Four of the firm's attorneys will move to the Baker Donelson office in New Orleans, while five others will stay in Mandeville and create a Baker Donelson presence there.

Will Kenner Become a Speed Trap?

The Times-Picayune reports that the Kenner City Council adopted a measure to more closely link police revenue with the number of traffic tickets written by the police force. The measure is an effort to force Police Chief Nick Congemi to begin writing municipal tickets again.

Kenner Feud Continues

The Times-Picayune reports on a new development in the feud between the Kenner City Council and Police Chief Nick Congeni. Kenner Mayor Phil Capitano has proposed an ordinance that will essentially require the Kenner Police Department to finance itself with traffic tickets. Apparently, Chief Congeni has ordered his force to only write tickets that can be heard in state court since he shut the city jail earlier this year. The order is costing the city up to $200,000 in lost revenue each month and may result in some layoffs at Kenner City Court.

Ex-Jefferson Parish Jailer Tries to Plead Guilty, Fails

The Times-Picayune reports that William Giangrosso, the highest-ranking jailer in the federal investigation of Jefferson Parish courthouse corruption, attempted to plead guilty before U.S. Magistrate Louis Moore after reaching a deal with prosecutors. Judge Moore required Giangrosso to change his plea, however, because magistrate judges are not permitted to accept felony guilty pleas.

"Abortion" Referral Center Ordered Closed

The Times-Picayune reports that U.S. District Judge Stanwood Duval has ordered the Causeway Center for Women to cease operations. The center is allegedly operating as an abortion referral service, but several women who have filed suit against the operator claim that it is nothing but a front used to delay, and eventually prevent, attempted abortions.

City Attorney Seeks Bench in NOLA Juvenile Court

The Times-Picayune reports that Robin Shulman, an attorney in private practice in New Orleans for the past 20 years, has taken a leave of absence from the city attorney's office to run for the Section C bench on New Orleans Juvenile Court.

Fourth Circuit Judge to Run For Reelection

The Times-Picayune reports that Judge Terri Fleming Love will run for reelection on the Louisiana Fourth Circuit Court of Appeal. The election will be held on September 18.

NOLA Superintendent Cannot be Fired without Cause

The Times-Picayune reports that United States District Judge Thomas Porteous has ruled that Anthony Amato, the superintendent of New Orleans public schools, cannot be fired by the Orleans Parish School Board without cause. Accordingly, Judge Porteous granted a permanent injunction to enforce his ruling.

LA State Retirement Systems may get Millions

The Times-Picayune reports that the Teachers Retirement System of Louisiana and the Louisiana State Employee Retirement System, or LASERS, could be among the largest beneficiaries of a $300 million class-action settlement with Bristol-Myers Squibb Co. The settlement stems in part from the cancer drug scandal that also engulfed Martha Stewart. The company "announced Friday that it had reached an agreement in a case in the U.S. District Court in the Southern District of New York against the company and its current and former officers, accused in the civil suit of artificially inflating profits and stock price to the detriment of shareholders."

New Orleans Attorneys Charged with Tax Evasion

BizNewOrleans reports: "Two Jefferson Parish lawyers have been indicted by a federal grand jury with failing to pay income taxes on more than $2 million in legal fees. Former Gretna law partners David C. Loeb and Harold E. Molaison were each charged with income tax evasion and conspiracy to defraud the government."

Class-Action Filed Against Testing Firm

The Times-Picayune reports that a class-action lawsuit has been filed in federal court against Educational Testing Services after it improperly graded teacher certification tests. The grading error delayed the certification of 486 Louisiana teachers, some for more than a year, and affected over 4,100 teaching candidates in 19 states. This story provides more background on the situation.

Suit Alleges Ochsner Charged Uninsured More

The Times-Picayune reports that Ochsner Clinic Foundation is one of three large nonprofit hospital systems named in class-action lawsuits filed Thursday. The suits claim that the hospitals charge uninsured patients more than it charges patients with insurance and that the hospitals claim more charity work than they actually provide.

Dr. Patrick Quinlan, chief executive officer of Ochsner Clinic Foundation, called the allegations against his institution "flawed" and said it will vigorously fight the lawsuit.

Attorneys for the plaintiffs allege that Ochsner and the other hospitals "often use predatory and 'goon-like' collection methods against poor patients."

St. Tammany Clerk of Court Heads Online

The Times-Picayune reports that the St. Tammany Parish Clerk of Court will launch an online system next Monday. Land records and marriage licenses will be available Monday, free of charge, and civil and criminal records will follow in the future. The article notes that several other parishes also offer remote access to their records:

Jefferson Parish launched its JeffNet service in January to provide online access to land records, civil lawsuits, criminal records and marriage licenses. The site charges users a $100 setup fee and $50 a month.

Orleans Parish Civil District Court allows remote access to its civil lawsuits and land records for $300 a year.

Tangipahoa Parish records are free online. The catch is that each of the 339 active users had to apply at the clerk's office to prevent the general public from accessing Social Security numbers, said Andi Mathew, network administrator.

Kenner Selects Firm

The Times-Picayune reports that the Kenner City Council chose the law firm of King, LeBlanc & Bland to represent it in its dispute with Police Chief Nick Congemi.

NOLA DA Jordan Criticizes Judge

The Times-Picayune reports that Orleans Parish District Attorney Eddie Jordan spoke out against Orleans Criminal District Court Judge Arthur Hunter on Monday. The article notes that in 2003 Judge Hunter presided over more than a third of the acquittals granted in the 12-judge district.

"The district attorney's office does not have a personal vendetta against Judge Hunter," Jordan said. "The record speaks for itself and the citizens of Orleans Parish need to know why violent offenders are let out to commit other crimes."

Patient Records in Limbo

The Times-Picayune reports that patients have been unable to get their medical records from 15 recently shuttered Vision Plaza locations in New Orleans. Vision Plaza's parent company has declared bankruptcy, which has raised multiple legal issues, many related to patient records.

James Sandefur, a doctor who is secretary of the Louisiana State Board of Optometry Examiners, a regulatory and licensing agency, called for doctors to get the records as soon as possible.

"State law says that patient records are the property of the doctor," he said. "The records should not be the property of the landlord or the company that went into bankruptcy."

Civil Sheriff Drops out of Criminal Sheriff Race

The Times-Picayune reports that Orleans Parish Civil Sheriff Paul Valteau has taken himself out of the running for the Orleans Parish Criminal Sheriff race. Sheriff Valteau was the front-runner and, as such, there will likely be a flurry of new candidates announced in the next two weeks as the race qualification deadline approaches.

EEOC Finds Evidence of Racial Discrimination by NOLA DA

The Times-Picayune reports that the United States Equal Employment Opportunity Commission has found evidence indicating that mass firings that took place in the Orleans Parish District Attorney's Office after Eddie Jordan took office were discriminatory.

Trial Lawyer Image to be Presidential Campaign Issue

The Times-Picayune reports on John Kerry's selection of John Edwards as a running mate. Specifically, the article notes that the democratic ticket can expect a full-on assault on trial lawyers, but that Edwards populist image could have a positive impact here:

"In parts of the country where labor unions are weak, especially in the South, trial lawyers are seen as standing up for the little guy," said David Mark, editor of Campaigns & Elections Magazine. "It could make a difference in Louisiana."

School Corruption Probe Press Conference

Biz New Orleans reports that a press conference will be held on Friday at 10:00 AM to announce new developments in the ongoing corruption investigation of the Orleans Parish School System.

LADB Asks LASC to Disbar Yvonne Hughes

The Times-Picayune reports that the Louisiana Attorney Disciplinary Board has requested the Louisiana Supreme Court to immediately suspend the law license of former Orleans Parish Juvenile Court Judge Yvonne Hughes. In the article, Hughes indicates that out-of-town prospective employers have called to say they are no longer interested in interviewing her after someone sends them information about her disciplinary problems.

Kenner Council Fails to Hire Counsel

The Times-Picayune reports that members of the Kenner City Council are likely to appear in court today without an attorney to defend a lawsuit filed by Police Chief Congemi. The Council met last night with the intent to hire counsel, but could not agree to hire a firm after hearing from several of them.

Kenner Council to Hire Counsel

The Times-Picayune reports that members of the Kenner City Council will hold a special session to discuss hiring outside counsel to defend a lawsuit filed by the Kenner Police Chief after city attorneys said their involvement in the case would pose a potential conflict of interest. The council and the police chief are in a power struggle after the council cut the police budget. The chief then decided to close the city jail, which prompted a resolution from the council requiring the chief to keep the jail open. The chief has filed suit seeking a declaration that the council cannot control his spending, outside of allocating his budget.

Life in Prison

The Times-Picayune provides a report of what Bodenheimer's life will be like for the next four years.

Bodenheimer to Begin 46-Month Sentence Today

The Times-Picayune reports that ex-24th JDC Judge Ronald Bodenheimer is scheduled to begin serving a 46-month sentence today.

Bodenheimer's attorney, Eddie Castaing, said the former judge will report to the minimum-security camp at Eglin Air Force Base near Fort Walton Beach, Fla., for a 46-month sentence, a month longer than his tenure at the state 24th District Court in Gretna.

The article provides a brief history of Bodenheimer's career and the "Wrinkled Robe" FBI Operation that led to the sentence.

No Comment From the Urban League

The Times-Picayune reports that the National Urban League issued a statement distancing itself from the ongoing federal investigation of former Mayor Marc Morial.

A Rainmaker?

Yes, here at Adams and Reese, we're chuckling over today's editorial cartoon in the Times Picayune.

Tobacco Case Flap

The Times-Picayune reports that tobacco company lawyers were unsuccessful in excluding CDC Judge Ethel Sims Julien from presiding over hearings to determine whether defense jury consultants improperly questioned jurors who handed down a $599 million verdict. Interestingly, the recusal hearing was closed after defense attorneys successfully argued that attorney-client privilege would be violated by an open hearing.

Governor Says No to Oystermen

The Times-Picayune reports that Governor Blanco will not accept the settlement offer made by oyster man last week. "I want to make clear that I have not and will not consider using hundreds of millions in taxpayer dollars to settle these lawsuits, especially when these oyster lawsuits threaten to derail the state's coastal restoration efforts," Blanco said. The case is currently pending before the Louisiana Supreme Court.

Shell Lists Stations Given Bad Fuel

The Times-Picayune reports that Shell has released a list of stations that possibly received bad fuel. The list, however, does not appear to be available online or at Motiva's web site.

Louisiana Attorney General Charles Foti's office refused requests to release information it had concerning locations that might have sold the bad gasoline. Initially, a spokeswoman said the attorney general would not release the list because of "attorney client privilege." Later, in denying a request filed under the Louisiana Public Records Act for a list of stations "where . . . problem gasoline was sold," Isabel Wingerter, chief of Foti's consumer protection section, wrote, "We have no conclusive list that identifies those stations."

NOLA DA Audit

The Times-Picayune reports that New Orleans District Attorney notified the state legislative auditor after finding evidence that funds were misspent during the Connick Years. The auditor released a report [pdf] of the investigation last week.

Apparently, between January 2001 and March 2003, a division of the DA's office spent about $24,000 on holiday parties, birthday cakes, gifts for retirees and other items. In a written response to the state auditor, Harry Connick said the division employees deserved holiday parties because they work long hours and are on the "low end of the pay scale in the New Orleans legal world."

D'Souza Announces Candidacy

The Times-Picayune reports that Bernadette D'Souza, a lawyer and a longtime advocate for domestic violence victims, has also announced her candidacy for a judgeship vacancy on the Orleans Civil District Court. D'Souza is running for the seat left open by Hunter King's removal from the bench.

C-Murder Retrial Postponed until September

WGNO reports that C-Murder's retrial has been postponed until September 13. The retrial was granted after evidence surfaced indicating that prosecutors withheld criminal histories of witnesses in the murder case against the rapper.

A Case of Bad Gasoline?

The Times-Picayune reports that police are investigating whether the bad gas (i.e., high elemental sulfur content) that recently plagued the New Orleans area was a factor in a Memorial Day accident that left 35-year-old Gregory Alix dead after his stalled car was rear-ended on the High Rise and knocked into the Industrial Canal 100 feet below.

"That was a consideration the day of the accident, even before the vehicle was recovered," said New Orleans Police Lt. Henry Dean, who is heading the investigation. "It was mentioned by a couple of the investigators at the accident scene."

Oystermen Make Settlement Offer

The Times-Picayune reports that the oystermen who won a $1.3 billion judgment against the state for the destruction of their harvesting area have made a settlement offer of $243 million--about 81% less than the award handed down by the Plaquemines Parish jury that first heard the case. The case was recently argued before the Louisiana Supreme Court and the oysterman's offer stands until the court issues a decision or until July 10, whichever comes first.

Judicial Election

The Times-Picayune reports that Sidney Cates, IV has announced his candidacy to fill the vacancy created in the New Orleans Civil District Court when Judge Roland Belsome was elected to the Fourth Circuit Court of Appeal. The election will be held on September 18.

Big Verdict Against Big Tobacco

NOLA.Com reports: "NEW ORLEANS (AP) — The tobacco industry must pay more than $500 million for programs to help Louisiana smokers kick the habit, a jury ruled in a class-action lawsuit Friday." Read the rest of the story here.

Sessions, Fishman Seeks Merger

The Times-Picayune reports that the insurance defense section of Sessions, Fishman & Nathan has left the firm and opened a firm under the name of Salley, Hite, Rivera & Mercer. Apparently the split is the result of Sessions, Fishman seeking to merge with another firm, possibly based out of state. "We're sorry to lose them," Jack Alltmont said of the lawyers, though he added that the shift "could be economically beneficial to both of us."

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.

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.

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.

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.

Jefferson Parish Judge Sued by State

The Times-Picayune reports that 24th JDC Judge Alan J. Green has been sued by the state Ethics Board for accepting a campaign contribution in 2002 that was over twice the limit allowed by law. The donation was made by a Jefferson Parish bail bonds executive, who works for the company implicated in the Jefferson Parish courthouse corruption scandal. Frank DeSalvo, who is representing Judge Green says: "We're not very concerned about it, I can tell you that. It's just a civil case. Worst-case scenario is a civil fine."

Canal Bottoms Lawsuit Settled

The Times-Picayune reports that one of Jefferson Parish's longest-running political controversies has ended with a settlement. The dispute centered on a the land along East Jefferson's drainage canals that was sold to the parish by Roboco for $5 million without any proof of ownership. The article provides a fascinating account of the dispute's origin and provides details of the settlment.

Robco has delivered a $450,000 check to Jefferson and has transferred 10 properties totaling more than 1.1 million square feet along the banks of the Suburban, Veterans Memorial Boulevard, West Napoleon Avenue and West Metairie Avenue canals in Metairie, among other locations, parish Attorney Tom Wilkinson said. The properties are valued at $2.8 million, according to appraisals prepared for the parish

CDC Court Apologizes

The Times-Picayune reports that Orleans Parish Civil District Court Judge Hunter King apologized to the Louisiana Supreme Court yesterday for forcing his employees to work on his re-election campaign and then lie about it under oath. The Supreme Court gave no indication how it might punish Judge King, who remains on the bench at this time. "Possible punishments range from public censure to permanent removal from the bench."

Address Issue Headed to LA Supremes

The Times-Picayune reports that State Senator Lynn Dean will appeal the Louisiana 4th Circuit Court of Appeal's decision that he cannot run for an at-large council seat in St. Bernard Parish because he is not a resident of the parish. At issue is Dean's 101 Dean Drive mailing address that is alleged to simultaneously refer to Deans' "spacious house 10 feet inside Plaquemines' boundary and the apartment connected to his boat manufacturing plant 40 feet inside St. Bernard, where he claims his domicile for voting purposes." Dean has always voted in St. Bernard parish.

Justice Scalia to Speak in NOLA

The New Orleans Lawyers Chapter of the Federalist Society for Law & Public Policy Studies will host a luncheon on Monday, October 13, 2003, at 12:15 p.m. with The Honorable Antonin Scalia, Associate Justice of the Supreme Court of the United States, in the Versailles Room of the Plimsoll Club of the World Trade Center in New Orleans. The event cost is $55.00 and law student members of the Society may attend without charge. Please RSVP to Barbara Schmitt at (504) 582-8287 before October 8, 2003, and make your checks payable to the Federalist Society. Seating is limited.

Orleans Criminal Court Must Improve Record Keeping

The Times-Picayune reports that an independent auditor uncovered inadequacies in the New Orleans Criminal District Court's accounting records. The inadequacies made it impossible to confirm the accuracy of a reported $364,800 balance of unclaimed bonds, which is money posted by defendants who have never returned to collect it.

Jailed Woman's Abortion Denial Headed to US Fifth Circuit

The Advocate reports that the US Fifth Circuit Court of Appeal will consider the claim of a Terrebonne Parish woman who was denied an abortion while in jail. Victoria W.'s case was thrown out by US Eastern District Judge Jay Zainey in April 2003. The plaintiff appealed the dismissal, alleging that she was denied her constitutional right to an abortion because the jail required that she hire an attorney and obtain a court order to authorize the abortion procedure. The case is set for oral argument on September 3.

Suspended Judge's Suit Suspended

The Times-Picayune reports that a lawsuit filed by suspended Orleans Parish Juvenile Court Judge Yvonne Hughes has been stayed by US Eastern District Judge Ivan Lemelle pending final disciplinary action by the Louisiana Supreme Court. Hughes was suspended for serious misconduct, and subsequently filed a civil rights lawsuit over the seizure of documents from her court by a state Judiciary Commission prosecutor.

Snoop Dogg Goes Wild

NOLA's Bourbon Street Journal considers the court papers filed against rapper Snoop Doggy Dogg alleging that he used drugs to bribe two girls, one of which was underage at the time, to participate in his film "Girls Gone Wild Doggy Style." The post links to the acutal court papers, compliments of The Smoking Gun.

Loyola Creates Environmental Law Endowment

The Times-Picayune reports that Loyola Law School will create a $2 million chair in environmental law as the result of significant gifts from Michael X. St. Martin and the family of Wendell Gauthier. No one has been selected to fill the new faculty position yet.

Judge Delays Sentencing in Jefferson Corruption Case

The Times-Picayune reports that US District Judge Martin Feldman postponed the sentencing of Phil Demma, a Jefferson Parish Court employee convicted in the ongoing corruption scandal surrounding the parish.

Bruce Ashley, who represents Demma, said he suspected one of the issues involved a motion Ashley filed last week asking the judge to consider a reduced sentence based on his client's diminished psychiatric capacity at the time of his offenses.

NOLA Using Cameras to Monitor Crime

The Times-Picayune reports that New Orleans has been using covert cameras as a crime-fighting tool, but Mayor Nagin nor the city's chief technology office are willing to disclose the locations or numbers of cameras. It was revealed, however, that at least 100 security cameras will be in use throughout the city by October.

New Orleans' approach to implementing camera use is opposite of Shreveport, which notified then fought the public in order to install the cameras--even agreeing to post signs in the areas where cameras are in use.

NOLA DA Jordan Wants Witness Names Witheld

The Times-Picayune reports that Orleans Parish District Attorney Eddie Jordan is asking the New Orleans media to adopt policies against identifying crime witnesses. The request is being made because two witnesses have been killed before they were able to testify within the last year.

Copeland Denied Request for Secrecy

The Times-Picayune reports that 24th JDC Judge Liljeberg rejected Al Copeland's secrecy petition and refused to seal the court record in the ongoing custody battle. Liljeberg will instead consider sealing documents on a case-by-case basis. The article details the custody dispute's relationship to the corruption scandal currently plaguing the 24th JDC.

Both Sides Claim Victory in Tobacco Case

Not surprisingly, The Times-Picayune reports that both sides in the New Orleans tobacco case are claiming victories after the jury returned a mixed verdict on Monday. The decision will be appealled by the tobacco companies.

State Grand Jury Charges Two NOLA Cops

The Times-Picayune reports that two New Orleans Police Officers were arrested on state payroll charges after they were indicted by a special grand jury in New Orleans. The officers were allegedly claiming departmental pay while working paid off-duty jobs. The charges "seem to be breaking a long-standing pattern of leaving it to federal prosecutors to handle corruption cases" says the Metropolitan Crime Commission.

Jurors Return Split Tobacco Verdict

The Times-Picayune reports that a New Orleans jury decided that tobacco companies should pay for programs to assist individuals in quitting smoking, but rejected the plaintiffs' request to finance medical tests and monitoring for smokers. The decision ends the first phase of the trial; the second will require the same jury to select the smoking-cessation programs and the third phase will require the judge to determine how much the companies must pay to fincance the programs.

Tobacco Case Goes to Jury

The Advocate reports that the class-action tobacco case was handed to the jury yesterday.

Jefferson Corruption Probe Results in Another Sentencing

The Times-Picayune reports that Metairie car dealer Joe Perez was sentenced to 20 months of prison by US District Judge Vance. Perez was convicted of possession with intent to distribute and the article indicates the ex-judge Bodenheimer had offered to assist Perez by helping him to conceal his drug smuggling. The article provides a summary of the convictions resulting from the Gretna courthouse investigation to date.

NOLA Tobacco Trial Begins Wrap-Up

The Times-Picayune reports that the parties in the tobacco class-action in New Orleans began presenting closing arguments yesterday. The jury is expected to begin deliberations this afternoon.

The lawsuit asks the jury to declare that the companies plotted to sell an unreasonably dangerous product. Instead of money, the suit asks that the companies be made to pay for smoking cessation aids for people who want to quit cigarettes and for annual medical tests to detect latent smoking-related illnesses.

St. Tammany to Dedicate New Courthouse Friday

The Times-Picayune reports that St. Tammany Parish officials will officially dedicate the new parish courthouse in a ceremony on Friday morning.

Times-Picayune Asks Court to Refuse Copeland Secrecy

The Times-Picayune reports that it went to court in the 24th JDC (Jefferson Parish) in opposition of Al Copeland's efforts to seal the public record and to close hearings in his domestic dispute that has been at the center of the corruption investigation.

Grand Jury Hears Testimony from 24th JDC Secretary

The Times-Picayune reports that a grand jury heard testimony related to the alleged misconduct of Judge Alan Green, a subject of the ongoing federal probe in the 24th JDC (Jefferson Parish). Judge Green's secretary and employees of Bail Bonds Unlimited testified Wednesday before the grand jury.

State Health Officials Seek Settlement Modification

The Times-Picayune reports that the Louisiana Department of Health and Hospitals has asked a federal court for permission to modify a legal settlement requiring the state to provide home-care attendants for Medicaid patients. The request offers a waiver program as an alternative, a modification that DHH Secretary David Hood characterizes as "win-win" becuase it helps the Legislature control costs and allows for a broader range of people to qualify for in-home care.

NOLA Boys Found Guilty in School Shooting

The Times-Picayune reports that two boys, who were 13 at the time, were found guilty of a shooting that took place at New Orleans' Carter G. Woodson Middle School in 2000.

The 2.5-year-old case had stalled in part because it drew a constitutional legal fight, with the teens' attorneys demanding a jury trial, which doesn't exist in the juvenile system, where judges make all decisions

Nagin May Sue NOLA Tax Assessors

The Times-Picayune reports that New Orleans Mayor Ray Nagin is considering lodging complaints with the state Tax Commission or even filing a lawsuit against the City's seven property assessors. Nagin alleges that the assessors undervaluation of property has resulted in a lost tax revenue of $10 to $20 million dollars.

Regulating Gambling in LA

The Times-Picayune provides a retrospective on Louisiana's regulation of gambling as the ten-year anniversary of riverboat casinos in the state approaches.

Federal Court Upholds Louisiana Ban on Foreign Lawyers

The Times-Picayune reports that Eastern District Judge Jay Zainey sided with the Louisiana Supreme Court in a case brought by foreign lawyers who sued to take the Louisiana Bar Exam. The article notes that the 63-page decision found the plaintiffs had standing but that Louisiana was within its rights to exclude foreign lawyers living in the United States on temporary visas from the examination.

Bryan White Begins to Serve Sentence

The Times-Picayune reports that Bryan White, Al Copeland's top corporate attorney, began serving a one-year sentence at a low security federal camp in Pensacola, Florida.

Crime Fighting Awards Given

Victims and Citizens Against Crime gave out awards in 11 categories at its 12th annual awards ceremony. The Times-Picayune provides all of the winners.

Feds Open NOLA Schoolboard Payroll Investigation

The Times-Picayune reports that federal investigators have opened a formal investigation of fraud in the New Orleans school system's payroll and benefits operations. At a recent School Board meeting, auditor Stuart Piltch alleged that errors and and potential fraud, "along with overpayments to contractors and other irregularities, may have cost the system as much as $20 million in each of the past three years." Piltch also reported that more than 300 people failed to pick up their paychecks after auditors forced employees to show identification and sign for their checks.

Prosecutors' Misconduct Highlighted

The Times-Picayune reports on a study that highlights a pattern of misconduct by prosecutors around the country. The study, released by The Center for Public Integrity, provides prosecutor profiles and analyses of misconduct.

Choose Life License Plate Challenge Back in Court

The Times-Picayune reports that abortion rights supporters renewed their fight in federal court against Louisiana's "Choose Life" license plates.

Arguments Wednesday came after the 5th U.S. Circuit Court of Appeals in January gave new life to the suit, which it originally ordered Duval to throw out. The appeals court reversed itself and ruled that abortion-rights advocates could sue the state -- for issuing specialty plates in general, not for distributing "Choose Life" plates in particular.

University of Michigan's Impact on Louisiana

The Times-Picayune reports that Louisiana educators lauded yesterday's US Supreme Court decisions in the University of Michigan affirmative action cases, while The Advocate reports ambivalence. There seems to be agreement that the decisions will not affect Louisiana much, but The Times reports that the jury is still out regarding Louisiana law and medical schools.

NOLA Refuses to Prosecute Dog Fighters

The Times-Picayune reports that the New Orleans' DA has refused all charges against suspects arrested at the "largest professional dogfighting operation" in New Orleans. The refusal frustrates police and animal-rights activists, but George Bourgeois, an assistant DA, says there was not enough evidence to successfully prosecute the cases.

US Attorney Widens Probes of Orleans Parish Schools

The Times reports that US Attorney Jim Letten intends to pursue the corruption reportedly plaguing the New Orleans Public School system. A recent consultant's report indicates that as much as $20 million per year was being paid to individuals who did not earn the money.

NOLA Loses Sidewalk Book Battle

The Times-Picayune reports that the couple from up north who moved to New Orleans with plans to sell books on the street finally got their permits from the Eastern District Court.

Copeland Refuses to Answer Questions

The Times-Picayune reports that Al Copeland refused to answer 102 of 105 questions in a deposition recently. The questioning concerned whether or not he was aware of the scheme involving former Judge Ronald Bodenheimer.

Under oath and with his criminal defense attorney present at a May 14 deposition, the multimillionaire restaurateur "refused to answer any questions concerning his knowledge of and participation in the conspiracy," according to the papers, filed in the 5th Circuit Court of Appeal on behalf of Luan Hunter.

St. Tammany Parish Courthouse Residents Completely Moved

The Times-Picayune reports that "more than 500 workers in local government agencies have completed their move to the new St. Tammany Parish Courthouse in Covington, parish officials said, and the 280,000-square-foot building became 'fully operational' this week with few glitches." The move began six weeks ago.

Bill Advances to Change Groundwater Lawsuits

The Times-Picayune reports on a bill that would provide for the automatic intervention of the LDEQ and DNR in any lawsuit where plaintiffs claim that groundwater is in danger or has been damaged.

If a jury or judge finds that the groundwater is in jeopardy, the judge would oversee the remediation, perhaps appointing an expert to come up with a plan, as well as considering agency, defendant and plaintiff proposals.

NOLA City Code Now on the Web

The Times-Picayune reports that the New Orleans City Code is now accessible online.

NOLA Police Department Updates Web Site

The Times-Picayune reports that the New Orleans Police Department has unveiled a new Web site (see the old site here). The site provides weekly criminal reports overlaid on a city map, in addition to providing a form to file reports of minor vandalism and other items not confirmed stolen. Further, the NOPD has been maintaining a Web log on NOLA.com. Excellent. There is no reason that every police and sheriff department in the state should not provide crime maps such as this because the software is available for less than $1,000 and relatively simple to use.

NOLA Bootleg Violator Sentenced

The Times-Picayune reports that Guy Mouledoux was sentenced to eight months of confinement after pleading guilty to one count of "violating the 'bootlegging' law." Mouledoux earned over $205,000 by selling copied classic rock rarities.

Bodenheimer Forbidden to Use Part of Marina

NOLA Civil District Judge C. Hunter King has ordered former Judge Ronald Bodenheimer not to use a large portion of his Venetian Isles marina, reports The Times-Picayune.

Civil District Judge C. Hunter King is set to conduct a hearing today to decide whether to extend the order -- issued Friday and set to expire Monday -- which bans Bodenheimer from using additions to the marina that the city of New Orleans says were completed without permits.

The dispute, which has been ongoing for 2 years, centers on Bodenheimer's desire to use the marina as a commercial seafood dock. Neighbors and the city oppose his plans.

Plaqemines Parish Courthouse Moving to Port Sulphur

The Times-Picayune reports that the Plaquemines Parish Council ignored the guidance of the Plaquemines Parish Courthouse Commission by calling an October 4 election to move the parish seat to Port Sulphur. "The Courthouse Commission has asked you to honor our wishes -- whether you agree with it or not -- to call a referendum to put the courthouse in Cedar Grove," State District Judge william Roe said. "The only reason that request has been snubbed is because a proponent of an alternate site wishes it to be in his district. Parochial, limited self-interest is what the Courthouse Commission was created to avoid."

Copeland Attorney's Plea for Leniency Unsuccessful

The Times-Picayune reports that Bryan White's plea to be placed in a halfway house or sentenced to home incarceration was unsuccessful. White was sentenced to a year and one day in federal prison as a result of his guilty plea to a charge of misprision of a felony. "A lawyer too weak to resist a corrupt judge is as bad and as poisonous to the system of justice as is the corrupt judge," Eastern District Judge Feldman told White.

Corrupt judges and lawyers "offend the very soul of our Constitution, in my opinion," he said. "This is not an easy day for the court."

NOLA Federal Judge Rejects Plea-Deal Agreement

Eastern District Judge Lance Africk, a former prosecutor, rejected a plea-bargain agreement for a former insurance company owner as too lenient, reports The Times-Picayune. Accordingly, Bobby Shamburger will be going to trial for his role in an insurance scheme that scammed investors out of $200 million. "I didn't expect this to happen, but I'm not surprised," the attorney, George Chaney Jr., said. "It's the judge's discretion. It didn't pan out, so we're on for a trial."

More Judicial Misconduct from NOLA Area

The Times-Picayune reports that CDC Judge Hunter King faces suspension and possible criminal charges as a result of his conduct during the 2002 campaign. A report issued by the Louisiana Judiciary Commission indicates that King forced his staff into selling tickets to a campaign fund raiser and also lied under oath.

"If I can't (sic) cooperation from my five primary people that benefits in the courthouse, then I guess I might have to replace them and see just how enthusiastic these other people are," King told his staff on Sept. 24, 2001.

Copeland Lawyer Trying to Avoid Prison

Bryan White, Al Copeland's corporate attorney that pleaded guilty in the Bodenheimer corruption case, is asking the Federal court to place him in a halfway house or give him home incarceration, reports The Times-Picayune.

Prosecutors immediately opposed White's request to avoid prison, indicating that a plea agreement both sides signed in February binds White to serve his recommended sentence of one year and a day in a federal penitentiary.

Copeland's Ex-Wife Granted Retrial

The Times-Picayune reports that the Louisiana 5th Circuit Court of Appeal decided that Al Copeland's ex-wife is entitled to a new trial as a result of former Judge Ronald Bodenheimer's "egregious" action in fixing the child custody and support case. There is some dispute as to whether the decision pertains only to the issue before the Court of Appeal or the entire case. District Judge Hans Liljeberg, Bodenheimer's successor, will be responsible for making that determination.

Supreme Court Places NOLA Lawyer on Probation

THe Louisiana Supreme Court placed Harry Cantrell, Jr., who also works part time as an Orleans Criminal District Court magistrate, on probation for 18 months as a result of misconduct in his private practice (neglecting cases and failing to communicate with clients), reports The Times-Picayune. The court imposed a deferred suspension.

NOLA Lawyer Pleads in Referral Payments Case

The Times-Picayune reports that New Orleans attorney Curtis Coney, Jr. compounded problems that arose from his practice of paying "runners" to solicit accident victims when he pressured his secretary to cover-up those payments before a federal grand jury. The secretary was wearing a wire when Coney pressured her, resulting in a plea agreement revealed Wednesday. Coney, 58, pleaded guilty to 10 counts of "structuring" referral payments to hide them from the government and one count of obstruction of justice. The plea is part of a four-year federal investigation of personal injury attorneys.

Jefferson Remap Might be Delayed

The Times-Picayune reports that plaintiffs in a lawsuit filed against Jefferson Parish Council's five-district remap plan have asked District Judge Carl Barbier to postpone the trial until 2004. Most Jefferson Parish officials acknowledge that there is little or no chance of addressing the legal cloud before elections this fall.

The issue before Barbier is the overall idea of a five-district council with two at-large seats, replacing the 6-1 setup in place since 1991, and whether it dilutes the political clout of racial minorities in violation of the Voting Rights Act. In addition, the U.S. Justice Department has jurisdiction over the specific boundaries of the five-district map the council created after voters approved the concept last year.

Big Easy Corruption Focus of Federal Effort

The Times-Picayune reports on Acting U.S. Attorney Jim Letten's "stunning recent announcement that his office is pursuing 14 other government corruption probes suggests that the feds have declared war on the Big Easy's famously lax political system with a ferocity unmatched in the city's modern history." The article notes that Letten's remarks, in combination with arrests and subpoenas, indicated that focus is on New Orleans City Hall, Louis Armstrong International Airport and Jefferson Parish.

Although past corruption investigations have often centered on one or two dishonest individuals, the common thread among many of the probes now under way is that they appear to zero in on "the Louisiana way" -- alleged sweetheart deals, kickbacks and other contracting scams that waste taxpayer dollars and make it harder for law-abiding firms to land government work.

St. Bernard Code Now Online

The St. Bernard Parish Clerk of Court was getting so many telephone calls requesting that parish ordinance information be made available online that she asked the Parish Council in December to finance the effort, reports The Times-Picayune. As a result, the code is now available online and accessible through the St. Bernard Parish Naked Ownership page.

EPA Detectives to Discuss Duties in NOLA

The Times-Picayune reports that staff members from the EPA's criminal investigation division will explain their duties at a public meeting tonight sponsored by the Lake Pontchartrain Basin Foundation.

At the meeting, at 7 p.m. in Room A of the East Bank Regional Library, 4747 West Napoleon Ave. in Metairie, the EPA investigators will explain how the public can get involved in environmental crime investigations.

Eight EPA special agents are moving from Baton Rouge to the New Orleans area.

Tangipahoa Remap Approval Uncertain

The Advocate reports that the Tangipahoa Parish Council learned that the United States Department of Justice has not yet approved four precinct consolidations that were proposed in the council's redistricting plan. The article notes that October council elections could be delayed if the plan does not win federal approval prior to the election.

Plaqumenines Parish Council May Ignore Recommendation

The Times-Picayune reports that the Plaquemines Parish Council may call an October 4 election to move the parish seat to Port Sulphur, which is contrary to a recommendation made by the courthouse committee. The committee, created by the Legislature and comprised of elected officials from throughout the parish, recommended building the new courthouse in Cedar Grove. The committee is not impressed by the council's consideration of Port Sulphur:

"I think it is a total disregard for the wishes of the courthouse committee," state District Judge William Roe said. "This is a lazy, cheap, underhanded substitution for real economic development . . . and it's a poor way to represent their constituents. The utilization of the Freeport administrative building for parish offices has done nothing to revitalize Port Sulphur, and the only excuse for putting the courthouse in Port Sulphur is economic development for a dying community."

Tulane Student Can't Take Bar Exam

Emily Maw, the Tulane law student discussed here, will not be able to stay in Louisiana to continue her death penalty work because Louisiana prohibits visiting foreign lawyers from taking the State bar exam, as reported here. The story has been reported by the Associated Press. The article notes:

The rule was issued without explanation by the Louisiana Committee on Bar Admissions in 2000 and upheld without comment by the state Supreme Court last year, triggering speculation that the justices were simply tired of foreign defense attorneys using clever arguments to get death sentences overturned.

The article also notes that Louisiana is the only state with such a ban. Even if the prohibition can be justified in some manner, shouldn't there be an exemption for students that attend Louisiana law schools. [Link via Weird of the News via Ernie the Attorney]

Update: Also see 306Taint.us for some colorful commentary (see the quote below) on this story. [Also via Ernie the Attorney]

Some foreigners, unfortunately, have the misfortune to go to Louisiana. Louisiana is renowned for: 1) bare breasts; 2) voodoo; 3) unemployed people; 4) being a state which just loves to execute people Cajun style. Woooweee! Yeeehaaa! Laissez bon temps roulez!

The Oyster Lottery

The Times-Picayune provides in-depth coverage regarding the state's oyster leases. There are multiple stories, so each is linked with its introductory sentence:

Shell Games
Before he died in 1972, Eugenia Poirrier's husband took out a pair of state oyster leases in the salty waters of Breton Sound off the Plaquemines Parish coastline. It may have been the best insurance policy he ever purchased.

Affixing Value to Beds a Slippery Affair
If there's one oyster lease in Louisiana worth more than $20,000 per acre, industry leaders say it's Nick Skansi's property near Port Sulphur, a lease so productive it has earned the nickname "Skansi's Gold Mine."

Bills Aim to Hold Oyster Suits in Check
In an attempt to prevent lawsuits over oyster leases from derailing coastal restoration efforts, the Louisiana Senate is preparing to debate a package of measures this week to limit damage claims from those affected by attempts to slow erosion, rebuild shorelines or protect towns from hurricanes.

Oil Industry Pumps up Oyster Farms
For some people who lease oyster beds from the state, their property can be worth more dead than alive.

Oyster Farmers Initially Backed Project
Breton Sound was a bad place for oyster farmers in the late 1980s. Oysters were dying throughout the basin, consumed by rapacious schools of saltwater predators such as black drum and conch, and decimated by diseases that left their meat black in the shell.

Judge Upholds $10.5 Million Jury Award

The Times-Picayune reports that NOLA CDC Ad hoc Judge Joseph Tiemann upheld a jury's verdict awarding $10.5 million to a man whose property was expropriated for the expansion of the Morial Convention Center. The Convention Center board plans to appeal.

Fifth Graders "Convict" Classmate

The Advocate reports on the conclusion of the 12-week Project for Legal Enrichment and Decision making (LEAD), which resulted in 10-year-old Andrew Ancar being handcuffed and escorted from a Louisiana Supreme Court courtroom.

The Plaquemines Parish District Attorney's Office sponsored the Project L.E.A.D. program. Assistant District Attorney and Project L.E.A.D. coordinator Joy Cossich Lobrano said the project originated in the Brooklyn, N.Y., District Attorney's Office. Terrebonne Parish is the only other Louisiana parish using the program, she said.

Justice Johnson, who presided over the mock trial, said the students learned "that the rule of law protects our freedoms in a democracy and that legal cases are decided by applying the law to the facts, not by the passions of the moment or by public opinion."

NOLA Brothel Saga Ending

The Times-Picayune reports that Federal Eastern District Judge Lemelle gave the mother and daughter who ran the Canal Street brothel lenient sentences to end the prostitution saga. In what the article denoted as a rare display of judicial candor, Judge Lemelle indicated that the case was far more appropriate for state court:

In unusually strong comments from the bench, Lemelle questioned whether the case should have been pursued by federal authorities at all. "The term dysfunction might also be applied to how we got to this point," he said. . . Lemelle added that there was a "disparity of justice" in charging primarily madams and prostitutes and not their well-heeled customers.

Actor Foxx Pleads Innocent in NOLA Court

Comedian and actor Jamie Foxx pleaded innocent to misdemeanor charges of trespassing, disturbing the peace, battery on police officers, and resisting arrest in New Orleans Criminal District Court today, reports The Times-Picayune. Foxx, who is in town filming a movie, was arrested Saturday when he entered Harrah's Casino and allegedly refused a request for identification, subsequently igniting a dispute among security guards and his entourage.

Critics of Audubon Park Clubhouse Lose Zoning Appeal

The Times-Picayune reports that critics of a 7,800-square-foot clubhouse in New Orleans Audubon Park suffered another defeat when a special referee in New Orleans CDC ruled that the clubhouse does not meet the special definition of a restaurant. "While all the legal wrangling has been going on, Gootee Construction completed work on the clubhouse, and Audubon officials held an open house for it last week."

Judge Benge Defends Award as Impartial

The Times-Picayune reports that 24th JDC Judge Joan Benge said she was not "improperly influenced" when she awarded Phil Demma, who is expected to plead guilty to two felony counts related to the Jefferson Parish corruption scandal, $3,400 in damages related to a 2001 suit. "Following an impartial consideration of all the evidence, Mr. Demma was awarded a nominal judgment, based solely on the facts and the law," Benge wrote in a statement released yesterday. "As in all cases, at no time was I improperly influenced in the Demma case."

Dane Ciolino, ethics professor at Loyola University Law School, said judges in the same court typically talk to one another about their rulings, and that the alleged conversation between Bodenheimer and Benge does not in itself constitute a violation of ethics rules. But Ciolino said the talk would be improper if Bodenheimer was pleading for a third party and Benge knew it.

United States Attorney General Ashcroft in NOLA

The Advocate reports that United States Attorney General John Ashcroft was in New Orleans yesterday, meeting with members of a local anti-terrorism task force. A news conference was held and Ashcroft responded to criticisms that the Justice Department is trampling civil rights in its war on terrorism: "We always seek to enforce the law by respecting the law," Ashcroft said, adding that Justice Department employees are encouraged to "think outside the box but never think outside the Constitution."

Haitians Visit NOLA for Tips on Improving Judicial System

The Times-Picayune reports that a group of Haitians is in New Orleans this week to describe problems within their country's judicial system and to find possible solutions.

On Tuesday, the opening day of the event, the visitors heard speakers at Tulane University Law School on such topics as how to popularize the law. On Wednesday, they moved on to more talks at Loyola Law School. Their visit, which continues through Saturday, also will include stops at the 5th U.S. Circuit Court of Appeals and the Louisiana Supreme Court. Among the most prominent of the participants is Alexandre Boniface, president of Haiti's Supreme Court.

Another Plea in Jefferson Court Scandal

The Times-Picayune reports that Phil Demma, a Jefferson Parish juvenile court officer and reserve deputy sheriff, will plead guilty to two felony charges in Federal Court on Friday. One of the charges is related to the Copeland case, but another is related to a case tried by Judge Joan Benge in the 24th JDC. Judge Benge has been named as a suspect in the corruption investigation. "They'll follow the trail where the evidence leads," former federal prosecutor Shaun Clarke said. "We don't know that other judges will be named in an indictment, but it's very clear that the conduct of other judges in the 24th District court is being investigated closely."

LA Supreme Court Parking Issue Debated

The Times-Picayune reports that Chief Justice Pascal Calogero, Jr. appeared before the State Legislature's Joint Committee on the Budget to request that the court be allowed to contribute $3.5 million in unspent budget money toward completing restorations of the Royal Street courthouse. The situation quickly focused on the parking woes of the courthouse, with legislators expressing "exasperation that the parking issue had not been solved and that the state might be hit with another expense related to the project." The article provides a brief summary of the expenses and obstacles the restoration project has faced to date.

New St. Tammany Parish Courthouse to Open Soon

The Times-Picayune reports that the massive new St. Tammany Courthouse located in downtown Covington will be open for limited business in two weeks. Only a few finishing touches remain on the three-story, 280,000 square foot structure. The article provides details about the scheduled six-week move and its expected impact on the services provided by the building's new tenants. All agencies plan to stay open during regular business hours.

Law Office Operates in Former Brothel

The New Orleans City Council unanimously voted to change the zoning of a building "that housted the city's most famous brothel" from RM-1 (multiple family residential) to RO-1 (general office district), reports The Times-Picayune. The request was made by David Bell, "who said his firm of four lawyers has been operating there since June, shortly after the $300-per-hour brothel shut down."

Fourth Judge Avoids Morial DWI Case

The Times-Picayune reports that Judge Robert E. Jones III was the fourth judge on the New Orleans Traffic Court bench to recuse himself from the drunken driving case against Jacques Morial, the brother of New Orleans' former mayor. Judge Jones said he will ask the Louisiana Supreme Court to appoint someone to preside over the case. "Other Traffic Court judges who have backed away from the current case include Judge Dennis Dannel, who relinquished it last fall because of his friendship with the Morial family; Judge Paul Bonin, who presided in Morial's earlier DWI case; and Judge Ronald Sholes, who is close with the BOLD political clan that backed Ray Nagin's run for mayor."

Lake Catherine Property Owners Sooner to Getting Titles

The Times-Picayune reports that owners of homes and camps in the eastern New Orleans community of Lake Catherine may soon gain legal title to the lots that they have historically occupied. See here for more background on the story. The New Orleans City Council has dropped the requirement that the residents install a community system, provided that the community can reach a solution acceptable to the Louisiana Department of Health and Hospitals.

NOLA Confederate Museum Loses Ownership Battle

The Times-Picayune reports that the Confederate Museum lost a dispute regarding the ownership of the building it has occupied for 111 years. The Fourth Circuit Court of Appeal upheld a district court ruling that gives ownership to the University of New Orleans Foundation. "Of course, we're disappointed," said James Carriere, the Confederate Museum's lawyer. "We'll pursue any legal remedies that are available to us."

Karl Rove in NOLA

Interstate 10 in New Orleans was shut down for at least a half-hour around 5:00 last night to allow the motorcade of White House chief political strategist Karl Rove to make its way to the Central Business District of New Orleans. The Times-Picayune reports that Rove is in town to deliver a speech at the annual convention of the American Society of Newspaper Editors and to meet with a small group of local Republican campaign contributors and party activists.

LA Supreme Court to Rule on Causeway Fee

The Times-Picayune reports that the Louisiana Supreme Court will soon decide whether a $5 court fee tacked onto every ticket written by Causeway Police can be used to pay for police salaries and equipment maintenance. "Justices heard arguments Tuesday from both the Greater New Orleans Causeway Commission and the two judges from the 1st Parish Court in Jefferson who have refused to collect the fee."

Project Return Allowed to Keep Office

The Times-Picayune reports that Project Return, a widely hailed rehabilitation program for ex-convicts, recently won a decision in the 4th Circuit Court of Appeal regarding zoning status that will allow it to maintain its office in Algiers. The group, however, is not overly excited about the verdict because it is looking for an office near or in the Central Business District, so that ex-inmates can easily get their by bus. "The bottom line is we'll get better results in a better location," Bob Roberts, the Project Return Director, said. "And better results means a reduction in crime and safer streets. But we're still on the wrong side of the river."

Bodenheimer's Plea Frees Co-Defendant

The Times-Picayune reports that Ronald Bodenheimer's plea in the courthouse corruption case "became the ticket to freedom for his co-defendant Curley Chewning." Chewning, a Slidell mechanic, was being held in a halfway house pending Bodenheimer's trial. In other developments, Phil Demma, a Jefferson Parish Juvenile Court officer, is also seeking to cut a deal in the case.

St. Bernard to Digitize Parish Documents

The Times-Picayune reports that St. Bernard parish government has approved a contract to place all of the minutes from Parish Council meetings, and those of its predecessor Police Jury, on CD-ROM dating all the way back to 1883. The council also voted to post the parish's code of ordinances on the Internet. Hopefully, this will lead the way for additional parishes and municipalities to join the Information Age.

Muni-code will be adding the code to its collection of free Louisiana online codes. At a cost of approximately $3,000, this is something that every city and parish in the state should be able to afford.

Lafayette NAACP to Oppose Schoolboard in Deseg Case

The Times-Picayune reports that Je'Nelle Chargois, president of the Lafayette chapter of the NAACP, has indicated the organization will fight a move by the Lafayette Parish school system to remove federal oversight in the system's 38-year-old desegregation lawsuit. The school district filed for unitary status yesterday and Chargois indicates that the Lafayette Chapter has hired an attorney and plans to file an appeal in the next 60 days.

Loyola Honors Execution Reformer

The Times-Picayune reports on the speech made by ex-Illinois governor George Ryan last night.

When critics questioned how a governor could make such a blanket, far-reaching decision as emptying death row, Ryan, a pharmacist by training with 35 years of public service, put it as plainly as his Midwestern upbringing: "I was the man who had to give the final order, to inject poison in fatal doses into a man's veins. With that at stake, how could I go on with this system?"

Follow-up On Bodenheimer Plea Bargain

The Times-Picayune provides another article with further details regarding Ronald Bodenheimer, who is described as a tenacious prosecutor-turned-judge. "Bodenheimer, whose term expired Dec. 31, will be the fourth judge in the state and the second in Jefferson Parish to serve time in the past two decades, according to officials with the state Supreme Court." Further, the Louisiana Attorney Disciplinary Board will immediately being proceedings to have Bodenheimer suspended and permanently disbarred.

Bodenheimer Pleads Guilty, Agrees to Testify

The Times-Picayune reports that former 24th JDC District Judge Ronald Bodenheimer pleaded guilty to federal charges (drug conspiracy, mail fraud, and mail fraud conspiracy) and has agreed to become a government witness in an extensive investigation into corruption in the Jefferson Parish judiciary. "Under a plea agreement with prosecutors, Bodenheimer faces three years, six months in prison. U.S. District Judge Ginger Berrigan set July 9 for sentencing. Bodenheimer remains under house arrest." U.S. Attorney Jim Letten said Bodenheimer's plea "represents not the conclusion of our investigation, but the beginning."

Plaquemines Parish Courthouse Commission Postpones Decision

The Times-Picayune reports that the Plaquemines Parish Courthouse Commission postponed their decision regarding where it will ask voters to build a new parish courthouse to replace the one that burned down in January 2002. There appears to be support for all three options (Port Sulphur, Pointe a la Hache, and Cedar Grove, so the decision to postpone was made in order to develop more information about the proposed sites.

Wiretap Evidence Admitted in Jefferson Courthouse Corruption Case

The Times-Picayune reports that United States District Judge Ginger Berrigan refused to strike months of secret wiretap recordings that prosecutors are using against former state Judge Ronald Bodenheimer and others. "There are only two options left for Mr. Bodenheimer: Prepare for trial, or renew negotiations for a plea agreement with the government," said criminal defense attorney Vinny Mosca. "The ruling is likely to have a strong impact beyond Bodenheimer's drug case, experts said, safeguarding the government use of the wiretaps in other elements of the 3½-year-old federal investigation into corruption at the Gretna courthouse."

NOLA Court Halts Wal-Mart Project

The court-appointed curator for Arlene Meraux has succeeded in getting all work on a proposed Wal-Mart Super Center in Chalmette suspended until an April 8 hearing, reports The Times-Picayune. "The order is the latest development in the public struggle to control the Meraux estate. Meraux, 80, is in declining health and was ruled by a court in August to be unable to tend to her affairs because of chronic senile dementia." The Wal-Mart project is now involved in the dispute regarding the management of her health and wealth because it is unclear who owns the land where the store is to be built: J&A Meraux, Inc. or the Joseph and Arlene Meraux Charitable Foundation.

New Parish Seat to be Considered in Plaquemines

The Times-Picayune reports that the Plaquemines Parish Courthouse Commission will hold a public meeting on Wednesday to consider alternate sites for rebuilding the parish courthouse that burned in January 2002. Prior to the fire, parish voters narrowly rejected a proposal to move the government parish seat to the west bank of the Mississippi. Since the fire, three alternate sites have been promoted: (1) Port Sulphur; (2) Cedar Grove; and (3) Pointe a la Hache. "Roe said the public is encouraged to attend to hear the presentations, but the meeting is not intended to become a public debate about the proposed sites. "

Sheriff Harry Lee may Disband Traffic Unit

Jefferson Parish Sheriff Harry Lee has taken a bold step in admitting that his approach to improving traffic safety for the last few years is not working, reports The Times-Picayune. In mid-1998 Lee declared war on bad drivers and developed a motorcycle traffic division that has written nearly 100,000 tickets per year. Fatal accidents, however, have increased significantly since the implementation of the program. Although most large departments throughout the country have traffic units, the downside is that other officers begin to think that traffic work is not their responsibility. No doubt, the National Motorists Association will be glad to hear this news.

Copeland Implicated in Custody Conspiracy

The Times-Picayune reports that Phil Demma, a Jefferson Parish juvenile services officer, has implicated Al Copeland in the effort to rig Copeland's child custody case in court. Nonetheless, Demma "has grown to be a thorn in the side of both prosecutors and defense attorneys" as he has hired three separate attorneys in the past year and also engaged in questionable private conversations with co-defendants subsequent to his plea-bargain. Copeland's attorney, Jack Martzell, said "I don't believe he will be indicted, but that and 75 cents will get you a cup of coffee."

NOLA DA Visited by Brooklyn Prosecutor

The Times-Picayune reports that NOLA District Attorney Eddie Jordan's Brooklyn counterpart was in New Orleans Wednesday for an informal lecture and pep talk on how his office fights crime by trying to prevent it. Jordan hopes to model many of the successful programs implemented in New York, including the assignment of prosecutors to certain areas of New Orleans, so they can work closer with police as well as residents.

Meraux Estate Dispute Continues

The Times-Picayune reports on the on-going public battle to control the estate of New Orleans land baroness Arlene Meraux, who is 80-years-old and unable to care for her own affairs. The latest squabble concerns the designation of Meraux's niece as under-curator. Meraux's court-appointed curator is challenging the niece by claiming that she "forged a document making her and her husband members of the charitable foundation that will control Meraux's fortune after her death."

NOLA to Appeal $200 Million Ruling

The City of New Orleans was ordered by CDC Judge Ronald Belsome to pay over $200 million in backpay and pension to about 1,500 NOLA firefighters or their heirs. Mayor Nagin issued a written statement that "they city cannot afford to be saddled with" the judgment and that it will be appealed, reports The Times-Picayune.

Jefferson Courthouse Case Racks up Guilty Pleas

The Times-Picayune reports that Federal authorities have secured another guilty plea and another witness in their investigation of corruption at the Jefferson Parish Courthouse. In the most recent case, former Sheriff's Lt. Guy Crosby pleaded guilty to funneling information from a restricted computer to a bail bondsman. "Crosby joins Slidell mechanic Curley Chewning and Bryan White, restaurateur Al Copeland's top corporate attorney, in confessing to crimes and agreeing to cooperate in the investigation."

Former District Judge Ronald Bodenheimer still maintains his innocence and won a small victory yesterday when the State Board of Ethics reversed course and said that he could use campaign funds for his defense, reports The Times-Picayne.

Copeland Ordered to Reveal Finances Again

Al Copeland is fighting a second court order to reveal the exact details of his wealth in a continuing effort to keep the size of his fortune a secret, reports The Times-Picayune. "The latest ruling came Tuesday when state District Judge Hans Liljeberg gave the restaurateur 30 days to lay out his financial portfolio in its entirety, from tax returns to stocks to real estate holdings." Peter Cola, who recently joined Bennett Wolff as an attorney for Hunter, Copeland's ex-wife, said that: "Any other party would have had to produce these by now."

NOLA Posts First Victory in Brake Tag Corruption

The Times-Picayune reports that New Orleans prosecutors posted their first jury trial victory that resulted from City Hall's sweeping investigation of alleged corruption at the city's vehicle inspection stations. The conviction was only a partial win, however, because the former employee on trial was convicted of malfeasance in office, but acquitted of public bribery. "Of the remaining cases to grow out of the brake tag station investigation, two have resulted in guilty pleas. One defendant was acquitted, and three are awaiting trial. "

Witness Slain After Refusing Protection

The Times-Picayune reports that Ryan Smith was found dead from gunshot wounds to the head and body on Saturday night. Smith was to testify in a murder trial slated to start today, but had twice refused police protection and an offer to relocate his family from the Orleans Parish DA's office.

New Orleans District Attorney Eddie Jordan said his office made two offers to protect Smith. Smith rejected them, Jordan said. And although Smith's slaying fell near the eve of the trial in which he was to testify against Tron Hughes, 23, there's not enough evidence to say Smith's death is a retaliatory killing, Jordan said.

Lawyers Sue to Take LA Bar Exam

Three French citizens and attorneys that are working full-time under a visa have sued to challenge a decision by the Louisiana Supreme Court that prohibits visiting foreign lawyers from taking the State bar exam, reports The Times-Picayune. Louisiana is the only state to forbid nonresident foreigners from taking the bar exam, but "three other foreign lawyers tried without success last year to get the Louisiana justices to change their minds on the matter, and the U.S. Supreme Court declined to hear their case."

Lawsuit Challenges All Specialty License Plates

The Times-Picayune reports that abortion-rights activists are taking a new approach in their attack against Louisiana's "Choose Life" license plates. In January the US 5th Circuit rejected an earlier lawsuit that specifically challenged the plates, so now the group is suing to throw out the entire specialty plate system or require Louisiana to sell a "Choose Choice" plate for balance.

Plans for Jefferson Parish Courthouse On Track

The Times-Picayune reports that construction of a new building for Jefferson Parish's 2nd Parish Court is on track to begin in May. Parish officials are preparing to sell $5 million in bonds and to accept a contractor's bid that was $600,000 below the estimated $7.5 million cost. The three-story building will be built at 100 Huey P. Long Avenue in Gretna.

NOLA District Attorney gets technology boost

The City of New Orleans is working with the District Attorney's office to provide computers and high speed Internet access within the office. The March 3, 2003 edition of City Business reports that "20 new Pentium IV computers" valued at "$300,000" were donated to the D.A's office by the City (obviously this is a mistake, or the 'computers' are actually 'servers.').

The City is also helping the D.A.'s office fine-tune its network to include network copiers and printers that would replace local printers. Finally, the D.A's office is going to have a website. It will be here once it gets up and running.

NOLA Evidence Room Cleaned Too Thoroughly

The Times-Picayune reports that another case is now in jeopardy because of evidence that was mistakenly destroyed in an overzealous cleanup of the NOPD Central Evidence and Property Room. "It has been determined that evidence in at least nine more cases is missing or was destroyed." New procedures have been implemented to prevent mistakes from occurring again.

Albertson's Not Permitted to Break Lease

United States ED Judge Stanwood Duval, Jr. issued a summary judgment ruling that Albertson's cannot break a lease agreement in the New Orleans Garden District because of potential competition from a proposed Wal-Mart Supercenter, reports The Times-Picayune.

"In the final analysis," Duval said, Albertson's wants to cancel the contract "because its profit margin may be less than anticipated." But "Louisiana courts have consistently held that incorrect assumptions about future events that may affect profitability are not grounds for rescission of a contract," and he accepts the same rule, he said.

Johnnie Cochran Wins NOLA Trial

The Times-Picayune reports that Johnnie Cochran won a five-day trial that he called a battle between David and Goliath. The case concerned the expropriation of a Tchoupitoulas Street warehouse by the Morial Convention Center. Dr. Steve Lesser, who owns the building, was awarded $10.5 million in comparison to the $1.2 million offered by the State. "Lesser asked for $12.2 million, claiming that a developer was ready to build a 400-room hotel on the property."

ED Judge Porteous Recuses Himself from Federal Government Cases

The Times-Picayune reports that United States Eastern District Court Judge Tom Porteous "has recused himself from hearing cases involving the federal government as a result of his name being linked to an ongoing federal investigation in Jefferson Parish."

The information was disclosed by two FBI informants who claim they are part of a sweeping investigation into allegations of corruption at the Jefferson Parish courthouse.

NOLA DA Jordan Targets Case Backlog

The Times-Picayune reports that NOLA DA Eddie Jordan hopes to reduce his current load of 5,000 to 6,000 cases down to 1,500 by setting up a squad of volunteer lawyers to work as special prosecutors. The story also outlines Jordan's efforts to make other sweeping changes throughout the office, including implementation of technology and training and improving relations with the defense bar.

Pay New Orleans Traffic Tickets Online

Last week the City of New Orleans launched a new online service for paying traffic tickets. The court accepts Mastercard, Visa, American Express, and Discover cards.

Payment must be made within the time period specified on the ticket. However, you also can contest the ticket over the web as well, or at least that's what this page suggests. You must provide the court with three alternative dates and times that you would be available to appear. There are other requirements too, so read the online instructions carefully.

Congratulations to the City of New Orleans for making this service available.

Fifth Circuit Asked to Repen Abortion Case

The Times-Picayune reports that a Terrebonne Parish woman has asked the Fifth Circuit to revive her lawsuit claiming her constitutional right to an abortion was obstructed by a requirement that she get a court order authorizing an abortion while she was in jail. "She allegedly also was told she would have to pay the salaries of deputies who would accompany her." The child was placed with adoptive parents.

Plaquemines Parish Courthouse Adds $100,000 to Reward Fund

The Plaquemines Parish Council has added $100,000 to a $16,000 reward for information leading to the arrest and conviction of the person responsible for burning down the 112-year-old Plaquemines Parish Courthouse last year, reports The Times-Picayune.

State Senator Planning Bail Bond Legislation

The Times-Picayune reports that State Senator Art Lentini is drafting a proposal that would allow Jefferson Parish to operate its own bail bonding system.

"I conceived of it as a revenue-raising measure for the parish. But if it could help clear up the bail bonds situation, that would be good too," he said.

Vieux Carre Commission Meeting Explodes

"Controversy was the order of the day at the Vieux Carre Commission's meeting Tuesday, with the attorney for one applicant storming out of the room after denouncing the commission's actions as 'outrageous,' and members deciding they need advice from the city attorney's office before deciding other cases," reports The Times-Picayune.

Jefferson Deputy to Plead Innocent in Bodenheimer Case

The Times-Picayune reports that Phil Demma, a Jefferson Parish reserve deputy, will plead innocent on charges of conspiring with ex-judge Ronald Bodenheimer and Al Copeland's corporate attorney, Bryan White, to rig Copeland's child custody case. Demma was jailed Friday after showing up at his arraignment without an attorney. The article reports that he has since hired Steve London.

Legislative Auditor Critical of New Orleans School Deal

The Times-Picayune reports on this audit report [pdf] issued by the State Legislative Auditor's office yesterday.

The audit, written by First Assistant Legislative Auditor Grover Austin, recommends that Orleans Parish District Attorney Eddie Jordan and acting U.S. Attorney James Letten consider "appropriate legal action." It said that action might include state charges of criminal conspiracy, theft, theft involving federal programs, public bribery and malfeasance.

Bodenheimer Seeks to Quash Wiretap Evidence

The Times-Picayune reports that ex-judge Ronald Bodenheimer is seeking to quash wiretap evidence. Bodenheimer, who is facing federal drug charges, claims that the government distorted and omitted facts and used unrealiable information from key witnesses to obtain authorization to tap his phones and place video cameras in his private chambers. The motion is under a court-ordered seal, but the article provides a detailed account of the filing.

Superdome Lawyers Represents Tenant too

The Superdome Commission says that Jack Capella, the commission's longtime attorney who also represents the New Orleans Hornets, can represent both entities because Capella will not represent the Hornets on any issues involving the commission or other state agencies, reports WBRZ. "There is no conflict of interest. We have satisfied ourselves in that regard," Chairman David Conroy said. Conroy said Vicky Neumeyer, who represents the Saints at most commission meetings, was one of those who raised questions about Capella's dual roles.

DA Jordan Vows to Ensure Witness Safety

The Times-Picayune reports that New Orleans District Attorney Eddie Jordan has already initiated efforts to ensure the safety of witnesses testifying at trial. The story profiles the case of Steven Smith, who was released from jail after the only witness to his killing of David Brown disappeared.

Copeland Attorney Cuts Deal

Al Copeland's top corporate attorney pleaded guilty yesterday to concealing a plot to fix the restaurateur's child-custody case, reports The Times-Picayune. "Under the terms of the deal, (Bryan) White pleaded guilty to a lesser charge, misprision of a felony, for concealing from federal investigators his knowledge that (former Judge Ronald) Bodenheimer and (Jefferson Parish juvenile probation officer) Demma were scheming to issue custody rulings favorable to Copeland. "

On a related note, the paper also reports that the state Board of Ethics concluded that Bodenheimer cannot use campaign money to pay his legal bills regarding his defense of this dispute.

NO Juvenile Court Judge Suspended

The Times-Picayune reports that Juvenile Court Judge Yvonne Hughes was suspended by the Louisiana Supreme Court for meddling in cases beyond her jurisdiction and releasing more than 1,000 adults from jail during her two years in office. Unfortunately, other significant problems plagued Hughes time on the bench, including her practice of sometimes holding court by phone.

"The Supreme Court order temporarily removing Hughes with pay, issued Wednesday and made public Thursday, will remain in effect pending further disciplinary proceedings against her." The Louisiana Judiciary Commission, in its report to the court, said letting her continue as a judge while its investigation of her continues "creates a danger to the public and to the administration of justice."

Lack of Jurors Forces Trial Postponement

Only fifteen individuals appeared for jury duty in rape case in Chalmette, despite the fact that one-hundred jury notices were issued, reports The Times-Picayune. Greg Laffavillere, who was to be tried on charges of aggravated rape of a child younger than 12, had his trial postponed until March 10, 2003.

District Judge Robert Buckley, who was to preside over the trial, said he will discuss with the other judges in the 34th Judicial District whether people receiving a jury notice by mail should be required to send back an acknowledgment.

Comments or suggestions for solving this serious problem would be appreciated.

Jurors to Be Locked Up in Hotel Rooms

The American Press reports that District Judge Al Gray has determined that jurors for the second trial of Ricky Langley will be selected in New Orleans then sequestered in Lake Charles for the duration of the trial.

"Langley was sentenced to death in July of 1994 after being convicted in connection with the Feb. 7, 1992, slaying and alleged sodomizing of 6-year-old Jeremy Guillory of Iowa. However, on April 3, 2000, the state Supreme Court granted Langley a new trial — abiding by a U.S. Supreme Court ruling in an Evangeline Parish case."

Branch Davidians Seek to Retry Wrongful Death Suit

The Times-Picayune reports on surviviors of the Branch Davidians appeal to the 5th Circuit Court of Appeal seeking to reverse the dismissal of their wrongful death actions. The primary issue on appeal is the District Judge's refusal to recuse himself because of his participation in the criminal trials related to the 1993 incident.

A separate report profiles David Koresh's mother and others who still believe in the Branch Davidian movement.

Property Dispute Heating Up In New Orleans

A dispute headed straight for the Yiannopoulos Property textbook is taking place in the secluded community of Brazilier Island in the Lake Catherine area of eastern New Orleans. The Times Picayune reports that Ken Carter purchased Braziier Island from the Remington Oil Company, a company he represented, for $150,000. The purchase included about 2,400 acres, only 20 acres of which is not wetlands.

"About 40 families live on Brazilier, most of them year-round. While they own the structures they occupy, they rent the land beneath them. About 30 face eviction for refusing to sign six-month leases on their lots, from January to June, and for paying their rents under protest and depositing the money with the registry of the court, pending the outcome of their legal battle, Carter said Wednesday. Most of the homeowners are not wealthy and invested in their houses 'based on promises oral and in writing' that they would have the right to buy their lots, Stephen Conroy, who represents the residents, said. He said he will file an injunction to try to stop the evictions."

Doctor Testifies in Tobacco Trial

A researcher brouht to the stand Wednesday to testify against Philip Morris said the tobacco giant hired him in 1980 to find a substitute for nicotine in cigarettes that would keep people smoking but not affect their hearts as nicotine does reports The Times-Picayune.

Ex-Judge Bodenheimer Indicted

A federal grand jury charged ex-judge Ronald Bodenheimer and two other men with fixing Al Copeland's child custody case in hopes of gaining a lucrative contract with Copeland's restaurants, reports The Time-Picayune.

Multiple Lawsuits Make the News in New Orleans

The Times-Picayune offers the following in today's news: Morial uncle strikes back at RTA in court, Convention Center wins lawsuit, and Lawsuit seeks to block Jeff redistricting.

4th Circuit Delays Hearings in Meraux Case

The Fourth Circuit Court of Appeal agreed to delay hearings on whether to remove Ms. Meraux's curator and whether the curator had authority to make changes to the board of the Arlene and Joseph Meraux Charitable Foundation, reports The Times-Picayune.

"The ongoing and often-acrimonious court fight over Meraux's affairs began in August when Meraux, 80, was ruled incompetent to administer her own affairs due to chronic senile dementia. The fight has sweeping implications for St. Bernard Parish because it will determine who will control Meraux's estate after she dies. The estate is estimated in court documents to be worth nearly $250 million. "

NOLA May Place City Code Online

The Times-Picayune reports that the City Council will consider whether to pay the Municipal Code Corporation $350 per year to make the city code available on the Internet. The story notes that the City Charter is already available online.