In re Office of Chief Justice, Louisiana Supreme Court

101 So. 3d 9, 2012 WL 4881488, 2012 La. LEXIS 2711
CourtSupreme Court of Louisiana
DecidedOctober 16, 2012
DocketNo. 2012-O-1342
StatusPublished
Cited by3 cases

This text of 101 So. 3d 9 (In re Office of Chief Justice, Louisiana Supreme Court) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Office of Chief Justice, Louisiana Supreme Court, 101 So. 3d 9, 2012 WL 4881488, 2012 La. LEXIS 2711 (La. 2012).

Opinion

PER CURIAM.1

hThe Louisiana Constitution of 1974 directs that “[t]he judge oldest in point of service on the supreme court shall be chief justice.” La. Const, art. V, § 6. With only some two months of service separat[10]*10ing Justice Johnson and Justice Victory, the issue can be stated simply: does time spent appointed to this court count toward seniority in determining which justice is “oldest in point of service” as called for in the constitution, Article V, § 6? For the reasons that follow, we find that appointed service does count towards seniority.

The issue currently before the court poses a discrete and unprecedented matter which, although arising in this matter, could also potentially arise in other contexts.2

This court is constitutionally tasked with resolving legal matters. This issue represents one more matter to be resolved.

Among the foundations of our system of justice is due process, which embodies fundamental fairness and at its essence requires notice and an opportunity to be heard before a decision is made. When two justices made competing claims, which they |2could not resolve between themselves, guiding judicial principles of justice, fairness, and due process obligated this court to establish an impartial procedure to resolve those claims. To that end, no one was deprived of anything. To the contrary, months before an actual vacancy in the office of chief justice, this court afforded each claimant precisely what due process requires: the right to be heard before a decision is made.3

This court, like any other in the American justice system, is entrusted with the obligation to provide a fair, just, and impartial process for the resolution of disputes. Courts are obligated to zealously safeguard the process itself for resolving disputes by ensuring that each side is heard before a decision is made. Any effort to deprive one side or the other of the opportunity to be heard before a matter is decided is antithetical to any notion of fundamental fairness embodied in the state and federal constitutions.4 Our system of justice dictates — and due process demands — that when competing claims are made, both sides must be heard so fundamental fairness and impartiality are ensured.

The Code of Judicial Conduct, Canon 3(A)(1) provides, in part, that “[a] judge shall be unswayed by partisan interests, public clamor or fear of criticism.”

Routinely, in matters before this court, each side is convinced of the righteousness of his or her cause. While commentators and others are free to pontificate and opine on how they believe a matter should be resolved, often without hearing from both sides, a court must answer legal questions rationally, ^dispassionately, and [11]*11based on the law and facts immediately before the court. This matter involves a Louisiana constitutional law issue which, in our system of justice, this court and no other is qualified to answer. Although commentators have loudly emphasized them, factors which we do not ascribe any importance to in answering the constitutional question before us include issues of gender, geography, personality, philosophy, political affiliation, and race — all of which have the potential to inflame passion; however, not one of these factors provides so much as a feather’s weight on the scales of justice.

We resolve this matter, as the constitution requires, without passion or prejudice, but rather, based on the law applied impartially to the facts. Justitia, the universally recognized symbol of justice, is blindfolded to prevent consideration of irrelevant factors and ensure objectivity and impartiality. Similarly, the constitution is color-blind, written in black letters on white paper, which occasionally produces grey areas. It is the role of the judiciary to resolve competing claims by interpreting that most fundamental legal document, which emanates from the citizens of Louisiana.

FACTUAL AND JURISDICTIONAL BACKGROUND

At issue are the claims of two sitting justices on this court to become chief justice upon the retirement of Chief Justice Catherine D. “Kitty” Kimball on January 31, 2013.

Justice Bernette Joshua Johnson and Justice Jeffrey P. Victory, shortly after each was seated on this court, claimed to have seniority for two purposes: 1) the perquisites of office and 2) eventual succession to the position of chief justice. Justice Johnson had been elected to a seat on the Court of Appeal, Fourth Circuit and assigned to sit on this court pursuant to an order signed by then Chief Justice Pascal |4F. Calogero following a consent decree in a federal Voting Rights Act case; she took office on October 31,1994. Justice Victory took office some two months later, on January 1,1995, after being directly elected to fill a vacancy on this court.

The claims of Justices Johnson and Victory were previously aired as an administrative matter and considered in an administrative conference on January 19, 1995. This court administratively determined that Justice Johnson would be accorded perquisites of office in preference to Justice Victory, under a new policy that recognized “continuous service” on this court.5 This court also administratively determined that “it is not presently confronted ... and may never be so confronted” with the question of succession to chief justice as between Justices Johnson and Victory.6 This court made no binding determination as to whether Justice Johnson or Justice Victory had a superior position of seniority for purposes of eventually succeeding to the office of chief justice.7 Instead, the [12]*12members of this court at the Rtime reserved their administrative judgment “in the event of a future controversy between Justice Johnson and any elected justice whose initial term of office on the Court commences after October 31,1994.”8

Article V, § 6 of the Louisiana Constitution empowers the chief justice to serve as “chief administrative officer of the judicial system of the state.” This power is limited by being “subject to rules adopted by the [supreme] court.” Id. Chief Justice Kimball announced her retirement and, being aware of the past claims by Justices Johnson and Victory regarding seniority and the order of succession, Chief Justice Kimball scheduled for discussion the goals of achieving an orderly succession and ascertaining whether any dispute presently existed.9 As before, Justices Johnson and Victory reiterated their longstanding views that each had seniority superior to the other.10

This court sought to establish a fair, just, and impartial method of resolving the legal issue presented. Having made claims disputing the order of succession and due to their interests in the outcome, Justices Johnson and Victory were recused from further participation in this matter.11 Then, acting within their constitutional authority | fito adopt administrative rules under Article V, §§ 5 and 6,12 the remaining four justices not recused (constituting a quorum under Article V, § 3)13 established rules and procedures for resolving this matter. This procedure is not unprecedented as this issue was previously ad[13]*13dressed administratively, as indicated, in January 1995.

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101 So. 3d 9, 2012 WL 4881488, 2012 La. LEXIS 2711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-office-of-chief-justice-louisiana-supreme-court-la-2012.