Louisiana Fifth Circuit Court of Appeal

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* Judges
* Judicial selection
* Ethics
* Elections
* State profile

* See also

Jurisdiction of the current courts

The Fifth Circuit Court of Appeal in Louisiana was established in 1981. David C. Treen was governor at the time the 1981 Regular Session of the Louisiana Legislature created the court under Act 3 of said legislative body.

The Fifth Circuit's jurisdiction covers four parishes: Jefferson, St. Charles, St. James, and St. John the Baptist.

From May 1982 to December 31, 1982, Julian Samuel presided over the court as its first Chief Judge.

The court is located in Jefferson Parish (101 Derbigny Street, Gretna, LA 70053). It was built by Gibbs Construction, L.L.C., whose $6.4 million won the legislative contract.[1]

Published opinions of the Louisiana Fifth Circuit Court of Appeal can be found here.
Louisiana Fifth Circuit Court of Appeal

Court information
Judges: |  8
Founded: |  1981
Salary: | Associates: $180,807[2]
Judicial selection
Method: |  Partisan election of judges
Term: |  10 years

## Contents

* 1 Judges
* 2 Judicial selection
* 2.1 Qualifications
* 2.2 Chief justice
* 2.3 Vacancies
* 2.4 Salary
* 3 Elections
* 3.1 2024
* 3.1.1 Judges with expiring terms
* 3.2 2023
* 3.2.1 Candidates and election results
* 3.2.1.1 Section 1, Division F: Hans Liljeberg's seat
* 3.2.1.2 Division A: Robert A. Chaisson's seat
* 3.2.2 Vacancies
* 3.2.2.1 Fifth Circuit Court of Appeal District 1
* 3.2.2.2 Fifth Circuit Court of Appeal District 3
* 3.3 2022
* 3.3.1 Candidates and election results
* 3.3.1.1 Division B: Theriot's seat
* 3.3.1.2 Division D: Guidry-Whipple vacancy
* 3.3.1.3 Subdist. 1, Division B: McDonald vacancy
* 3.3.1.4 Division B: McClendon's seat
* 3.3.1.5 Division D: Wolfe's seat
* 3.3.1.6 Elec. Sect. 1C: Hunter's seat
* 3.3.1.7 Elec. Sect. 2B: Moore vacancy
* 3.3.1.8 Elec. Sect. 2B: Pitman's seat
* 3.3.1.9 Elec. Sec. 2C: Garrett vacancy (special election)
* 3.3.1.10 Division A: Pickett's seat
* 3.3.1.11 Elec. Sect. 2B: Ezell vacancy
* 3.3.1.12 Elec. Sec. 1C: Ortego's seat
* 3.3.1.13 Elec. Sect. 2D: Cooks vacancy
* 3.3.1.14 Elec. Sect. 3E: Conery vacancy
* 3.3.1.15 McKay vacancy
* 3.3.1.16 Division A: Lombard vacancy
* 3.3.1.17 Division B: Chase's seat
* 3.3.1.18 Division D: Woods vacancy (special election)
* 3.3.1.19 Division H: Jenkins' seat
* 3.3.1.20 Election Section 1, Div. D: Chehardy's seat
* 3.3.1.21 Election Section 1, Div. E: Windhorst's seat
* 3.3.1.22 Election Section 1, Div. F: Lilijeberg's seat
* 3.3.1.23 Election Section 1, Div. G: Molaison's seat
* 3.3.1.24 Division A: Chaisson's seat
* 3.3.2 Judges not on the ballot
* 3.3.2.1 First Circuit Court of Appeals
* 3.3.2.2 Second Circuit Court of Appeals
* 3.3.2.3 Third Circuit Court of Appeals
* 3.3.2.4 Fourth Circuit Court of Appeals
* 3.4 2020
* 3.4.1 Judges with expiring terms
* 3.5 2014
* 3.6 2012
* 3.7 2011
* 4 Ethics
* 4.1 Removal of judges
* 5 State profile
* 5.1 Presidential voting pattern
* 6 See also
* 7 External links
* 8 Footnotes

## Judges[edit]

Judge | Tenure | Appointed By

|
|

Marc E. Johnson

2009 - Present

Fredericka Homberg Wicker

2006 - Present

John J. Molaison Jr.

January 1, 2019 - Present

Stephen J. Windhorst

2012 - Present

Susan M. Chehardy

1998 - Present

Scott Schlegel

January 1, 2024 - Present

Jude G. Gravois

2009 - Present

Timothy Marcel

January 1, 2024 - Present

## Judicial selection[edit]

See also: Judicial selection in Louisiana

The 53 justices on the Louisiana Circuit Courts of Appeal are elected in partisan elections. Justices serve 10-year terms and must run for re-election if they wish to continue serving on the court.[3]

### Qualifications[edit]

To serve on this court, a judge must be:

* licensed to practice law in the state for at least ten years;
* a resident of the district representing for at least one year;
* under the age of 70 at the time of election (judges who turn 70 in office may serve until their term expires)[3][4]

### Chief justice[edit]

The chief justice is the justice on the court with the most seniority. When he or she retires, the justice with the next most seniority becomes chief justice.[3]

### Vacancies[edit]

Per Article V of the Louisiana Constitution, midterm vacancies are to be temporarily filled by the supreme court. Within one year of the opening, a special election (called by the governor, preferably on the date of a preexisting gubernatorial or congressional election) is to be held. If the supreme court has appointed a successor, that appointee may not run for the seat in the special election. The justice elected at the special election will serve the remainder of the unexpired term.[3][5][6][7]

### Salary[edit]

In 2023, the associate judges of the court received a salary of $180,807, according to the National Center for State Courts.[8]

## Elections[edit]

### 2024[edit]

See also: Louisiana intermediate appellate court elections, 2024

The terms of nine Louisiana intermediate appellate court judges will expire on December 31, 2024. The nine seats are up for partisan election on December 7, 2024. The primary is November 5, 2024. The filing deadline was July 19, 2024.

One seat on the First Circuit Court of Appeal was up for election on April 27, 2024. A special election primary was scheduled for March 23, 2024. The filing deadline was December 15, 2023.[9]

#### Judges with expiring terms[edit]

This is a list of the judges who must stand for partisan election in 2024 in order to remain on the bench. Judges may choose not to stand for election. The list is subject to change if judges retire or are appointed.

First Circuit Court of Appeal

■ Tess Percy Stromberg
■ Jewel Welch
■ Wayne Chutz
■ Allison H. Penzato

Second Circuit Court of Appeal

■ Shonda Stone

Third Circuit Court of Appeal

■ D. Kent Savoie
■ Candyce Perret

Fourth Circuit Court of Appeal

■ Terri Love

Fifth Circuit Court of Appeal

■ Marc Johnson

### 2023[edit]

See also: Louisiana intermediate appellate court elections, 2023

Two Louisiana intermediate appellate court judges retired in 2023. The two seats were up for partisan special election on November 18, 2023. A special primary was scheduled for October 14, 2023.[10][11] Both the primary election and general election were not needed after only one candidate filed for each seat on the ballot. [10][11]

#### Candidates and election results[edit]

Fifth Circuit First District

##### Section 1, Division F: Hans Liljeberg's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Scott Schlegel (Republican Party) ✔

Fifth Circuit Third District

##### Division A: Robert A. Chaisson's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Timothy Marcel (Democratic Party) ✔

#### Vacancies[edit]

##### Fifth Circuit Court of Appeal District 1[edit]

Hans J. Liljeberg (R) created a vacancy when he retired effective February 28, 2023.[10]

##### Fifth Circuit Court of Appeal District 3[edit]

Robert A. Chaisson (D) created a vacancy when he resigned effective December 31, 2023.[11]

### 2022[edit]

See also: Louisiana intermediate appellate court elections, 2022

The terms of 21 Louisiana intermediate appellate court judges expired on December 31, 2022. The 21 seats were up for partisan election on December 10, 2022. A primary was scheduled for November 8, 2022.

Two seats on the Louisiana Circuit Courts of Appeal were also up in a special general election on April 30, 2022. The primary was scheduled for March 26, 2022.[12][13]

#### Candidates and election results[edit]

First Circuit First District

##### Division B: Theriot's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Mitch Theriot (Incumbent) (Republican Party) ✔

##### Division D: Guidry-Whipple vacancy[edit]

General election candidates

The general election was canceled.

Primary candidates

* Tanner Magee (Republican Party)
* Steve Miller (Republican Party) ✔

First Circuit Second District

##### Subdist. 1, Division B: McDonald vacancy[edit]

General election candidates

* Donald Johnson (Democratic Party)
* Hunter Greene (Republican Party) ✔

Primary candidates

* Hunter Greene (Republican Party) ✔
* Beau Higginbotham (Republican Party)
* Donald Johnson (Democratic Party) ✔

First Circuit Third District

##### Division B: McClendon's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Page McClendon (Incumbent) (Republican Party) ✔

##### Division D: Wolfe's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Elizabeth Wolfe (Incumbent) (Republican Party) ✔

Second Circuit First District

##### Elec. Sect. 1C: Hunter's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Marcus Hunter (Incumbent) (Democratic Party) ✔

##### Elec. Sect. 2B: Moore vacancy[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Daniel Ellender (Republican Party) ✔

Second Circuit Third District

##### Elec. Sect. 2B: Pitman's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Frances Pitman (Incumbent) (Republican Party) ✔

##### Elec. Sec. 2C: Garrett vacancy (special election)[edit]

General election candidates

The general election was canceled.

Primary candidates

* Craig Marcotte (Republican Party) ✔
* Erin Leigh Waddell Garrett (Republican Party)

Third Circuit First District

##### Division A: Pickett's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Elizabeth A. Pickett (Incumbent) (Independent) ✔

Third Circuit Second District

##### Elec. Sect. 2B: Ezell vacancy[edit]

General election candidates

The general election was canceled.

Primary candidates

* H. Guy Bradberry (Republican Party) ✔
* Clayton Davis (Republican Party)

Third Circuit Third District

##### Elec. Sec. 1C: Ortego's seat[edit]

Regular election

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Gary J. Ortego (Incumbent) (Republican Party) ✔

Special election

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Gary J. Ortego (Republican Party) ✔

##### Elec. Sect. 2D: Cooks vacancy[edit]

General election candidates

The general election was canceled.

Primary candidates

* Valerie Gotch Garrett (Democratic Party)
* Ledricka Johnson Thierry (Democratic Party) ✔

##### Elec. Sect. 3E: Conery vacancy[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Wilbur Stiles (Republican Party) ✔

Fourth Circuit At-large

##### McKay vacancy[edit]

General election candidates

The general election was canceled.

Primary candidates

* Joseph Cao (Republican Party)
* Karen K. Herman (Democratic Party) ✔
* Marie Williams (Democratic Party)

Did not make the ballot:

* Paul N. Sens

Fourth Circuit First District

##### Division A: Lombard vacancy[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Nakisha Ervin-Knott (Democratic Party) ✔

##### Division B: Chase's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Tiffany Gautier Chase (Incumbent) (Democratic Party) ✔

##### Division D: Woods vacancy (special election)[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Rachael Johnson (Democratic Party) ✔

##### Division H: Jenkins' seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Sandra Cabrina Jenkins (Incumbent) (Democratic Party) ✔

Fifth Circuit First District

##### Election Section 1, Div. D: Chehardy's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Susan M. Chehardy (Incumbent) (Republican Party) ✔

##### Election Section 1, Div. E: Windhorst's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Stephen J. Windhorst (Incumbent) (Republican Party) ✔

##### Election Section 1, Div. F: Lilijeberg's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Hans J. Liljeberg (Incumbent) (Republican Party) ✔

##### Election Section 1, Div. G: Molaison's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* John J. Molaison Jr. (Incumbent) (Republican Party) ✔

Fifth Circuit Third District

##### Division A: Chaisson's seat[edit]

General election candidates

The general election was canceled.

Primary candidates

This primary was canceled and this candidate was elected:

* Robert A. Chaisson (Incumbent) (Democratic Party) ✔

#### Judges not on the ballot[edit]

##### First Circuit Court of Appeals[edit]

* Vanessa Guidry-Whipple (First District, Division D)
* J. Michael McDonald (Second District, Division B)

##### Second Circuit Court of Appeals[edit]

* Milton Moore (First District, Section 2B)
* Jeanette Garrett (Third District, Section 2C)

##### Third Circuit Court of Appeals[edit]

* Billy Ezell (Second District, Section 2B)
* John Saunders (Third District, Section 1C)
* Sylvia Cooks (Third District, Section 2D)
* John Conery (Third District, Section 3E)

##### Fourth Circuit Court of Appeals[edit]

* James McKay (At-large)
* Edwin Lombard (First District, Division A)
* Regina Bartholomew Woods (First District, Division D)

### 2020[edit]

See also: Louisiana intermediate appellate court elections, 2020

#### Judges with expiring terms[edit]

This is a list of the justices who had to stand for partisan election in 2020 in order to remain on the bench. Justices could choose not to stand for election.

■ Jude Gravois
■ Fredericka Homberg Wicker

### 2014[edit]

Unopposed|  Judge Marc Johnson (District 1 Division C)

|

### 2012[edit]

Clarence McManus, Walter Rothschild and Marion Edwards all must retire at the end of 2012.

Candidate| Incumbency| Party| Place| Primary Vote| Election Vote

|
|
|
|
|

LiljebergHans J. Liljeberg A| No| Republican| Division F| | 100% A
ChaissonRobert A. Chaisson | Yes| Democratic| 3rd Dist, Div. A| 100%A|
MurphyRobert M. Murphy | No| Republican| 1st Dist, Div. G| 100%A|
ChehardySusan Chehardy | Yes| Republican| 1st Dist, Div. D| 100%A|

### 2011[edit]

The following is a list of candidates for the Fifth Circuit Court of Appeal 2011 election:

Candidate| Incumbency| Party| Ward| Primary Vote| Election Vote

|
|
|
|
|

JasmineMadeline Jasmine | No| Democratic| | | 27.2% A
ChaissonRobert A. Chaisson A| No| Democratic| 3rd Dist, Div. A| | 72.7% A

## Ethics[edit]

The Louisiana Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Louisiana. It consists of seven canons:

* Canon 1: A judge shall uphold the integrity and independence of the judiciary
* Canon 2: A judge shall avoid impropriety and the appearance of impropriety in all activities
* Canon 3: A judge shall perform the duties of office impartially and diligently
* Canon 4: Quasi-Judicial Activities: A judge may engage in quasi-judicial activities to improve the law, the legal system, and the administration of justice
* Canon 5: Extra-Judicial Activities: A judge shall regulate extra-judicial activities to minimize the risk of conflict with judicial duties
* Canon 6: A judge may accept reasonable compensation and expenses for quasi-judicial and extra-judicial activities; a judge may not accept gifts, loans, bequests, benefits, favors or other things of value except under restricted circumstances; a judge must report compensation, gifts, loans, bequests, benefits, favors and other things in some circumstances
* Canon 7: A judge or judicial candidate shall refrain from inappropriate political and campaign activity[14]

The full text of the Louisiana Code of Judicial Conduct can be found here.

### Removal of judges[edit]

Judges in Louisiana may be removed in one of two ways:

* By the Louisiana Supreme Court after recommendation from the Louisiana Judiciary Commission[15]
* By a two-thirds vote of the Louisiana State Senate upon impeachment by the Louisiana House of Representatives

## State profile[edit]

Demographic data for Louisiana

| Louisiana| U.S.
Total population:| 4,668,960| 316,515,021
Land area (sq mi):| 43,204| 3,531,905
Race and ethnicity**
White:| 62.8%| 73.6%
Black/African American:| 32.1%| 12.6%
Asian:| 1.7%| 5.1%
Native American:| 0.6%| 0.8%
Pacific Islander:| 0%| 0.2%
Two or more:| 1.8%| 3%
Hispanic/Latino:| 4.7%| 17.1%
Education
High school graduation rate:| 83.4%| 86.7%
College graduation rate:| 22.5%| 29.8%
Income
Median household income:| $45,047| $53,889
Persons below poverty level:| 23.3%| 11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Louisiana.

* * *

**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

### Presidential voting pattern[edit]

See also: Presidential voting trends in Louisiana

Louisiana voted Republican in all six presidential elections between 2000 and 2020.

More Louisiana coverage on Ballotpedia

* Elections in Louisiana
* United States congressional delegations from Louisiana
* Public policy in Louisiana
* Endorsers in Louisiana
* Louisiana fact checks
* More...

## See also[edit]

Louisiana | Judicial Selection | More Courts

|
|

Courts in Louisiana Louisiana Circuit Courts of Appeal Louisiana Supreme Court |  Elections: 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Louisiana |  Federal courts State courts Local courts

## External links[edit]

* Louisiana Fifth Circuit Court of Appeal
* Louisiana Fifth Circuit Court of Appeal, "Our History"

## Footnotes[edit]

1. ↑ Louisiana Fifth Circuit Court of Appeal, "Our History," accessed August 26, 2014
2. ↑ The salary of the chief judge may be higher than an associate judge.
3. ↑ 3.0 3.1 3.2 3.3 American Judicature Society, "Methods of Judicial Selection: Louisiana; Selection of Judges," archived October 2, 2014
4. ↑ NOLA.com, "Lawmakers fail to pass amendment eliminating mandatory retirement age of judges," archived March 9, 2016
5. ↑ Louisiana Supreme Court, "Henry Julien v. The Honorable W. Fox McKeithan," accessed May 6, 2014
6. ↑ Louisiana Revised Statutes "RS 13:101.1," accessed July 13, 2016
7. ↑ Leagle, "Marcelle v. DeCuir," September 21, 1995
8. ↑ National Center for State Courts, "2023 Salaries and Rankings," accessed December 6, 2023
9. ↑ Louisiana Executive Department, "Proclamation Number 210 JBE 2023," accessed November 21, 2023
10. ↑ 10.0 10.1 10.2 State of Louisiana, "Proclamation Number 38 JBE 2023," accessed July 21, 2023
11. ↑ 11.0 11.1 11.2 State of Louisiana, "Proclamation Number 126 JBE 2023," accessed July 21, 2023
12. ↑ Office of the Governor, "EXECUTIVE DEPARTMENT PROCLAMATION NUMBER 210 JBE 2021," November 9, 2021
13. ↑ Office of the Governor, "EXECUTIVE DEPARTMENT PROCLAMATION NUMBER 198 JBE 2021," October 18, 2021
14. ↑ Louisiana Supreme Court, "Code of Judicial Conduct," accessed September 17, 2021
15. ↑ Judiciary Commission of Louisiana, "Overview," accessed July 17, 2023

Louisiana courts

* * *

Federal courts:

Fifth Circuit Court of Appeals • U.S. District Court: Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana • U.S. Bankruptcy Court: Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana

State courts:

Louisiana Supreme Court • Louisiana Courts of Appeal • Louisiana District Courts • Louisiana Family Courts • Louisiana Juvenile Courts • Louisiana Parish Courts • Louisiana City Courts • Louisiana Municipal Courts • Louisiana Traffic Courts • Louisiana Justice of the Peace Courts • Louisiana Mayor’s Courts

State resources:

Courts in Louisiana • Louisiana judicial elections • Judicial selection in Louisiana

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