State's highest court expedites challenge to reductions in New Orleans criminal bench
The Louisiana Supreme Court on Friday agreed to fast-track a lawsuit questioning whether the state properly cut the number of judges in the New Orleans criminal courts. The petition, brought by Orleans Parish Criminal District Judge John Fuller, asks the court to block provisions in Act 748 that would eliminate three sections of the Criminal District Court by Jan. 1.
Fuller filed suit against Gov. Jeff Landry and other state officials after the Legislature approved the measure and the governor signed it into law last month. He contends the Louisiana Constitution requires a two-thirds supermajority in both legislative chambers to change the number of judges — and that lawmakers did not reach that threshold.
State officials have countered that an exception dating to the 1974 constitutional convention makes New Orleans municipal offices, including Crescent City courts, subject to change by ordinary law. That argument formed the basis for the state’s defense when a lower-court judge temporarily enjoined enforcement of parts of Act 748 earlier this week.
That injunction by Judge Tarvald Smith of the 19th Judicial District paused implementation of any portion of Act 748 until after the judicial qualifying window, scheduled for Aug. 5–7. The hold leaves open the possibility that the three judges whose seats are targeted — Fuller and Judges Rhonda Goode-Douglas and Simone Levine — could still qualify to run for re-election while the legal dispute proceeds.
“Whoever lost at the (appeals court) would’ve just had to go to the Supreme Court anyway. So … let’s just go straight to the Supreme Court to get a ruling.”
The state appealed the lower-court injunction and indicated it would seek further review. The Supreme Court halted proceedings in the lower courts and gave the state and other respondents until next week to file oppositions to Fuller’s claims. Court filings suggest the high court intends to rule quickly, with advocates expecting a decision before the qualifying period ends.
Local consequences and what’s at stake
Beyond the immediate status of three judges’ seats, the dispute raises broader questions about local control and how the Legislature can reshape court structure in Louisiana’s largest city. Changes to the number of judges can affect caseloads, trial schedules and the pace of criminal prosecutions in Orleans Parish.
- Timing: The injunction protects qualifying for the Aug. 5–7 window, potentially preserving candidates’ ability to enter the race.
- Constitutional question: Whether a supermajority is required to change the number of judges, or whether the 1974 convention language permits a simple-majority change for New Orleans courts.
- Practical effect: Eliminating court sections would reduce the number of sitting judges and could lengthen time to trial for defendants.
| Key dates | Event |
|---|---|
| Jan. 1 | Effective date targeted by Act 748 to eliminate three criminal court sections |
| Aug. 5–7 | Judicial qualifying period preserved by injunction |
For New Orleans residents, the case will determine who sits on the criminal bench and how crowded court dockets will be in the year ahead. If the Supreme Court sides with Fuller, Act 748’s provisions could be delayed or struck down, preserving the current number of judges. If the court accepts the state’s interpretation, the Legislature’s changes would stand, and several judicial seats will vanish as the city’s court structure is reshaped.
The dispute also hints at a wider trend in state politics: how decisions in Baton Rouge about municipal structures and offices ripple into local institutions in Louisiana’s largest city. With the Supreme Court handling the case on an expedited schedule, New Orleans could see a definitive ruling within days — a decision that will shape local courts and the upcoming election cycle.
