State v. Oelmann

86 So. 3d 643, 2012 La. App. LEXIS 2, 2012 WL 375305
CourtLouisiana Court of Appeal
DecidedJanuary 9, 2012
DocketNo. 47,111-KW
StatusPublished

This text of 86 So. 3d 643 (State v. Oelmann) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Oelmann, 86 So. 3d 643, 2012 La. App. LEXIS 2, 2012 WL 375305 (La. Ct. App. 2012).

Opinions

11 WRIT GRANTED; REMANDED FOR FURTHER PROCEEDINGS.

[644]*644In this misdemeanor prosecution, the applicant seeks review of the denial of her “Motion to Have Hearings Before Randomly Assigned Judge.” For the following reasons, the writ is granted and the matter remanded for further proceedings.

Facts and Procedural History

The applicant, Danielle Oelmann, was charged by bill of information with simple criminal damage to property and disturbing the peace on May 2, 2011. The matter was initially assigned to Judge Robert Johnson. However, pursuant to an en banc order of the eleven judges of the Fourth Judicial District Court dated October 6, 2011, the case was transferred to Judge Carl Sharp. Apparently, an initial en banc order was made on September 2, 2009, assigning all criminal misdemeanor cases effective from January 1, 2010, through December 31, 2010, to Judge Sharp. The October 6 order continued the assignment of all misdemeanor cases for the year 2011 to Judge Sharp.

12With this situation, Oelmann filed a motion requesting that her case be randomly assigned to a judge. The trial court denied the motion without a hearing, holding that La. R.S. 13:587.2, the Rules for Louisiana District Courts and Local Rule 3.1 allowed the Fourth Judicial District Court to issue an en banc order assigning to Judge Sharp all criminal misdemeanor matters.

Oelmann seeks review of the trial court’s ruling. She claims that the Fourth Judicial District Court’s en banc orders do not comply with the Local Rules, Dist. Ct. Rule 14.0(a), or La. R.S. 13:587.2. She contends that misdemeanor cases as with all cases in the jurisdiction of the district court be randomly allotted.

Constitutional Statutory Authority and District Court Rules

Louisiana Constitution Article V, Section 16(A) provides, in pertinent part, the jurisdiction of the district court, as follows:

Original Jurisdiction. (1) Except as otherwise authorized by this constitution or except as heretofore or hereafter provided by law for administrative agency determinations in worker’s compensation matters, a district court shall have original jurisdiction of all civil and criminal matters. (2) It shall have exclusive original jurisdiction of felony cases and of cases involving title to immovable property, except as provided in (3) below; the right to office or other public position; civil or political right; probate and succession matters; except for administrative agency determination provided for in (1) above, the state, a political corporation, or political subdivisions, or a succession, as a defendant; and the appointment of receivers or liquidators for corporations or partnerships. (3) The legislature may provide by law that a family court has jurisdiction of cases involving title to movable and immovable property when those cases relate to the partition of community property and the settlement of claims arising from matrimonial regimes when such action arises as a result of divorce or annulment of marriage.

By constitutional amendment in 2006, La. Const. Art. 5, § 15(A) of the constitution was amended to provide, in pertinent part, as follows:

Court Retention; Trial Courts of Limited Jurisdiction. The district, family, juvenile, parish, city, and magistrate courts existing on the effective date of this constitution are retained. Subject to the limitations in Sections 16 and 21 of this Article, the legislature by law may abolish or merge trial courts of limited or specialized jurisdiction. The legislature by law may establish trial courts of limited jurisdiction with parish-[645]*645wide territorial jurisdiction and subject matter jurisdiction which shall be uniform throughout the state. Effective January 1, 2007, the legislature by law may establish new judgeships for district courts and establish the new divisions with limited or specialized jurisdiction within the territorial jurisdiction of the district court and subject matter jurisdiction over family or juvenile matters as provided by law.

|sBy statute added in 2001 and amended in 2008, the Fourth Judicial District Court was given the following authority:

A. Respecting seniority and the requirement that all cases be assigned randomly within multi-judge sections, the judges of the Fourth Judicial District Court, by rule adopted by a majority vote of the judges sitting en banc, may assign certain divisions of the court to a criminal section and certain divisions to a civil, drug court, driving while intoxicated court, mental health court, juvenile, or other section of the court.
B. No rule adopted by the court may assign any division, without its consent, to any section for a longer period than three years.
C. Notwithstanding any principal assignment to sections, all divisions of the court shall retain general jurisdiction to hear all matters.

La. R.S. 13:587.2.

Enacted in 2009, all district courts with multiple divisions of elected judges were given similar authority as the prior grant to the Fourth Judicial District Court, as follows:

A. Respecting seniority and the requirement that all cases be assigned randomly within multi-judge divisions or sections, the judges of any judicial district court, by rule adopted by a majority vote of the judges sitting en banc, may designate certain divisions or sections of the court as a specialized division or section having criminal, civil, drug court, driving while intoxicated court, mental health court, juvenile, violent crimes or homicides, or other specialized subject matter jurisdiction.
B. (1) If a special division or section of court is designated as a violent crimes or homicide section, the court may provide the district attorney’s office the opportunity to request an expedited docket to facilitate the hearing of cases involving homicides and crimes of violence that are committed with a dangerous weapon to ensure and secure the accuracy of testimony of witnesses and as a deterrence and prevention for crimes of violence and homicides.
(2) Notwithstanding any other provision of law or court rule to the contrary, the following components shall be complied with if a court designates a division or section of court as a violent crimes or homicide division or section and grants the district attorney’s request for expedited status:
(a) If the district attorney requests an expedited docket, the trial court shall schedule the case for trial no later than ninety days after time has elapsed for discovery.
(b) Continuances should be granted only for good cause and shall be for the shortest time practicable.
|4C. No rule adopted by the court may designate any division or section, without its consent, as a specialized division or section for a longer period than three years.

La. R.S. 13:587.4.

La. R.S. 13:319 provides:

Each civil and criminal proceeding and each application for writs shall be randomly assigned by the clerk, subject to the direct supervision of the court.

[646]*646Rule 3.1 of the Rules for Louisiana District Courts provides:

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Related

State v. Cooper
50 So. 3d 115 (Supreme Court of Louisiana, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
86 So. 3d 643, 2012 La. App. LEXIS 2, 2012 WL 375305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oelmann-lactapp-2012.