Welborn v. 19TH JUDICIAL DIST. COURT

961 So. 2d 394, 2007 WL 1299702
CourtLouisiana Court of Appeal
DecidedMay 4, 2007
Docket2006 CA 2307
StatusPublished
Cited by1 cases

This text of 961 So. 2d 394 (Welborn v. 19TH JUDICIAL DIST. COURT) 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
Welborn v. 19TH JUDICIAL DIST. COURT, 961 So. 2d 394, 2007 WL 1299702 (La. Ct. App. 2007).

Opinion

961 So.2d 394 (2007)

Doug WELBORN, in his Official Capacity as Clerk of Court for East Baton Rouge Parish
v.
The 19TH JUDICIAL DISTRICT COURT and The East Baton Rouge Parish Family Court.

No. 2006 CA 2307.

Court of Appeal of Louisiana, First Circuit.

May 4, 2007.

*395 Sheri M. Morris, Jeffrey K. Cody, Shows, Cali, Berthelot & Morris, L.L.P., Baton Rouge, for Plaintiff-Appellee Doug Welborn, in his capacity as Clerk of Court for East Baton Rouge Parish.

Charles C. Foti, Jr., Attorney General, David G. Sanders, Patricia H. Wilton, Assistant Attorney Generals, Baton Rouge, for Defendants-Appellants The 19th Judicial District Court.

Charles C. Foti, Jr., Attorney General, Van A. Heard, W. Wayne Gaudin, Jr., Assistant Attorney Generals, Baton Rouge, for Defendants-Appellants The East Baton Rouge Parish Family Court.

Before: PARRO, GUIDRY, and McCLENDON, JJ.

PARRO, J.

In this suit for declaratory judgment, Doug Welborn, who serves as the Clerk of Court for East Baton Rouge Parish (the Clerk of Court), sought clarification of the subject-matter jurisdiction of the Nineteenth Judicial District Court (the 19th JDC) vis-à-vis the East Baton Rouge Parish Family Court (the Family Court) in actions brought under the Domestic Abuse Assistance Act and/or the Protection from Dating Violence Act when the victim of violence is a "dating partner" or unrelated "household member" of the person against whom acts of abuse are alleged. From a judgment declaring that both courts have concurrent subject-matter jurisdiction over such matters, both courts have appealed. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In 1979, the Louisiana legislature enacted the "Protection from Family Violence Act," LSA-R.S. 46:2121, et seq., to provide community shelters and social services to victims of family violence. In 1982, those protections were enhanced and expanded with the passage of the "Domestic Abuse Assistance Act," LSA-R.S. 46:2131, et seq., which provided easily accessible civil remedies for domestic violence between family members or household members. The genesis for this lawsuit was legislation enacted in 2001 that extended the services available under these statutes to "dating partners."[1] In response to that legislation, the Family Court executed an en banc order on September 14, 2001, declaring that it lacked subject-matter jurisdiction to hear petitions filed by "dating partners" seeking relief pursuant to the Protection from Dating Violence Act. This was followed, on January 14, 2004, with a second en banc order declaring the Family Court also lacked subject-matter jurisdiction over petitions brought by "household members," as those persons are defined in LSA-R.S. 46:2132(4). In both cases, *396 the Family Court based these orders on the jurisdictional parameters of LSA-R.S. 13:1401, which grants exclusive jurisdiction to the Family Court for actions involving marital and parent/child legal relationships, categories into which neither dating partners nor unrelated household members fit.

Not long after this second en banc order, a woman whose "dating partner" was allegedly abusing her filed a petition in the 19th JDC, seeking protection under the subject statutes. The defendant filed a peremptory exception raising the objection of lack of subject-matter jurisdiction, which the district court judge sustained. Since the Family Court had refused to hear such cases, and the 19th JDC had ruled that it had no subject-matter jurisdiction over her petition, the plaintiff was left without any remedy at law. She filed an application for an emergency supervisory writ with this court, which granted the writ, reversed the ruling of the district court judge, and remanded the case for further proceedings, stating that the 19th JDC had concurrent jurisdiction with the Family Court over such claims. See Collins v. Jack, 05-0745 (La.App. 1st Cir.4/13/05) (unpublished writ action).

Following this writ action, the Chief Judge of the 19th JDC ordered the Clerk of Court to randomly allot such cases among the civil judges of the 19th JDC and the judges of the Family Court. The Clerk of Court initiated such random allotment, but the Family Court continued to refuse these cases on the grounds that such matters were not proceedings "appropriate to" the Family Court, because they were not brought by family members. After various legal maneuvers that left the Clerk of Court in a quandary concerning how to allot such cases, he filed this suit against the 19th JDC and the Family Court, seeking a declaratory judgment regarding the proper method of allotting petitions from "dating partners" or "household members" seeking relief from domestic violence. All the 19th JDC judges recused themselves, and an ad hoc judge, retired Judge Don Aaron, Jr., was appointed by the Louisiana Supreme Court to handle the case.

In a supplemental and amending answer, the Family Court acknowledged the writ action of this court, but averred that because the Family Court was not a party to that action and the decision was not published, the writ action was not binding precedent. In oral argument at the trial of the case, the 19th JDC agreed that this court's writ action was not binding, but was "persuasive authority." The ad hoc judge handling the case apparently was persuaded by this court's conclusion, as he agreed that the Family Court and the 19th JDC had concurrent jurisdiction over actions brought by "household members" and "dating partners" seeking relief from domestic violence and abuse. A judgment to that effect was signed on September 4, 2006.

Both the 19th JDC and the Family Court filed suspensive appeals. The 19th JDC claims the Family Court has exclusive jurisdiction over all domestic violence claims, including those of "household members" and "dating partners."[2] The Family Court argues that the ad hoc judge erred in decreeing that it had any subject-matter jurisdiction over claims brought by such parties. The Clerk of Court takes no position on the issue, but merely seeks definitive *397 guidance from this court so that random allotment can be accomplished properly and expeditiously.

APPLICABLE LAW

The Louisiana Constitution grants original jurisdiction of all civil and criminal matters to the district courts, except as otherwise authorized by the constitution. See LSA-Const. art. V, § 16(A).[3] Section 18 of Article V states that "Notwithstanding any contrary provision of Section 16 of this Article, juvenile and family courts shall have jurisdiction as provided by law."

In 1975, pursuant to LSA-Const. art. XIV, § 16, the Louisiana legislature incorporated former Section 53 of Article VII of the Constitution of 1921 into the Revised Statutes as part of LSA-R.S. 13:1401 through 1409.[4] This legislation continued the existence of the Family Court as a statutory court with exclusive jurisdiction over a number of legal actions, including divorce, annulment of marriages, establishment or disavowal of paternity, spousal and child support, and custody and visitation of children, as well as other matters incidental to such proceedings. See LSA-R.S. 13:1401(A). In addition, subsection B of LSA-R.S. 13:1401 currently states: "The family court for the parish of East Baton Rouge has all such additional jurisdiction, power, and authority not or hereafter provided by law." This wording of what is now subsection B was included in the statute when its provisions were amended and re-enacted by 1990 La. Acts, No. 158, § 1, effective July 1, 1990.

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Related

Welborn v. 19TH JUDICIAL DIST. COURT
974 So. 2d 1 (Supreme Court of Louisiana, 2008)

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Bluebook (online)
961 So. 2d 394, 2007 WL 1299702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welborn-v-19th-judicial-dist-court-lactapp-2007.