State Of Louisiana v. Robert McCormick and Thomas McCormick ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 KW 1615
VERSUS
ROBERT McCORMICK AND THOMAS MARCH 28, 2022
McCORMICK
In Re: State of Louisiana, applying for supervisory writs,
18th Judicial District Court, Parish of West Baton
Rouge, No. 212174.
BEFORE: MaDONALD, LANIER, AND WOLFE, JJ.
WRIT GRANTED. The district court' s
ruling denying
relator' s motion for random reallotment is reversed. Louisiana
District Court Rules, Rule 14. 0( a) requires random allotment of
all criminal cases unless an exception is established by law or
the rules, in accordance with the method described in Appendix
14. OA of Rule 14. 0. Appendix 14. OA, in part, states: " All
criminal cases in West Baton Rouge Parish are allotted to
Division B. In case of recusal, the West Baton Rouge Parish
Clerk of Court will randomly allot the case to Division A, C, or
D." We find that the portion of the local order at issue,
providing that in case of recusal, a Division B case will be
allotted to Division A, is in direct conflict with Uniform Rule
14. 0( a) and its Appendix 14. OA. The uniform rules must be
followed when there is a conflict between a uniform rule and a
local rule. State v. Cooper, 2010- 2344 ( La. 11/ 16/ 10), 50 So. 3d
115, 125. Accordingly, in this respect, the judges of the
Eighteenth Judicial District Court should amend the local rule
in order to ensure the plan conforms with the law or comply with
the uniform procedure for amending Appendix 14. 0A. See La.
Dist. Ct. Rule 1. 3( b).
imm
WIL
EW
OURT APPEAL, FIRST CIRCUIT
DEPUT LERK OF COURT
FOR THE COURT