For the second time this week, a proposed constitutional amendment that would have expanded the Louisiana Supreme Court from seven to nine members fell short of the needed two-thirds majority.
The gist: Just a week after receiving writ applications, the Louisiana Supreme Court declined to take up a suit that put the creation of separate city and parish councils in doubt. The decision, communicated Wednesday, effectively shuts down the legal challenge by a council candidate and the secretary of state.
“From the very beginning we were confident that this would be the outcome,” Fix the Charter organizer Kevin Blanchard tells me. Blanchard says he was informed of the writ denial by his attorneys, who inquired with the Louisiana Supreme Court. “The idea that a typo would throw out the result of an entire election is a little bit ridiculous. The important thing is that people remember what this election was about back in December. It’s about fair representation, it’s about protecting LUS, and what we really all need to focus on now is the transition work. The work is not over.”
Get caught up, quickly: Last year, voters said yes to creating separate city and parish councils. The proposition included some typos that, if not corrected, would have left some voters without representation. The City-Parish Council fixed those discrepancies by ordinance, drawing a legal challenge by a local businessman, who is also running for a parish council seat. Secretary of State Kyle Ardoin joined that suit, which was ultimately dismissed at district court and affirmed by an appeals court.
The supreme court’s denial ends a months long legal dispute that was prosecuted confidently in the media by Attorney General Jeff Landry. He chastised LCG attorneys and dismissed a memo they produced making a legal case that supported the change ordinance. A contradictory legal opinion issued by his office formed the basis of the suit against Lafayette Consolidated Government.
“Everyone is entitled to his or her own opinion, but that does not mean that all opinions are entitled to equal weight,” Landry wrote in a March press release. “Unlike the City Attorney’s memo, our Opinion carries Constitutional weight. Historically, the courts have sided with Attorney General’s opinions in disputes (save very rare exceptions).”
This is lightening fast in legal terms. The legal challenge began with a complaint filed at the beginning of April. Three months to exhaust appeals is crazy quick. The Louisiana Supreme Court has yet to release a written notice but informed the parties by phone in the interest of speed, given qualifying for the October elections is just over a month away. The challenge was heard on an expedited track. The appeals court turned around an opinion just days after oral arguments. Writ applications were filed just last week.
“I am disappointed that the court system has failed to provide the clarity we requested, and hope none of the longterm concerns we expressed ever come to fruition,” Secretary of State Kyle Ardoin said in a statement. “Nonetheless, we have a final decision, and my office is ready to hold qualifying next month for the appropriate offices.”
Now what? The bottom line is the result of last year’s election stands, barring an unlikely move into federal courts, and Lafayette will now have separate city and parish councils. The legal dispute halted transition work, as Blanchard notes. The currently consolidated council is charged with producing a budget that will be managed by separate councils, with LCG’s budget process beginning this summer. Last month, Mayor-President Joel Robideaux, who opposed the split and is not seeking re-election, announced movement on creating a transition team to tackle what is likely to be a politically sticky process. Communications Director Cydra Wingerter hopes to have a finalized list of appointees released shortly.