State of Louisiana in the Interest of S. W. and S. W. ( 2019 )

STATE OF LOUISIANA IN THE INTEREST OF NO. 19-C-616
S. W. AND S. W. FIFTH CIRCUIT
COURT OF APPEAL
STATE OF LOUISIANA
December 27, 2019
Mary E. Legnon
Chief Deputy Clerk
IN RE D. S.
APPLYING FOR SUPERVISORY WRIT FROM THE JEFFERSON PARISH JUVENILE COURT, PARISH OF
JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE AMANDA L. CALOGERO,
DIVISION ''B'', NUMBER 20-60
Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and John J. Molaison, Jr.
WRIT GRANTED
Relator, Dora Spencer, as Intervenor/Petitioner for Custody in the child in
need of care case of S.W. & S.W., seeks review of the trial court’s rulings of
November 21, 2019, denying her Petition for Custody, declining to hear her
Motion for Intervention and failing to rule on her Motion for Recusal of the trial
judge. Relator filed a Motion for Intervention on October 17, 2019. Relator filed a
Motion for Recusal on November 20, 2019, the day prior to the hearing on the
children’s disposition and her Motion for Intervention. The trial court denied the
Petition for Custody and continued the Motion for Recusal and Motion for
Intervention to December 10, 2019.
We find that the trial court erred in ruling on the Petition for Custody and
holding the Dispositional hearing without ruling on the Motion for Recusal for
hearing on December 10, 2019. Relator had a “real and actual interest” in custody
and intervention in this cause making her a party who could seek to recuse the trial
court judge. See In re Interdiction of Greenblatt, 2003-1889 (La. 11/14/03), 860
So.2d 533, 534. Therefore, we vacate the rulings of the trial court on November
21, 2019 dismissing the Petition for Custody and the finalizing the disposition of
the children and order the trial court to rule on the motion for recusal or refer the
19-C-616
motion to another member of the bench for determination in accordance with La.
C.C.P. art. 154.
Gretna, Louisiana, this 27th day of December, 2019.
FHW
SMC
JJM
2
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
MARY E. LEGNON
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 12/27/2019 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:
19-C-616
E-NOTIFIED
Cynthia D. Samuel (Relator) Hester R. Hilliard (Respondent)
Jennifer G. Womble (Respondent)
MAILED
Trishawn Payne Jones (Respondent) Caitlin J. Glass (Respondent)
Attorney at Law Attorney at Law
Department of Children and Family Post Office Box 792193
Services New Orleans, LA 70179
1450 Poydras Street
Suite 1600
New Orleans, LA 70112