Louisiana Fifth Circuit Court of Appeal

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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
Intermediate Appellate Courts Seal-template.png
Court information
Judges:   8
Founded:   1981
Salary:  Associates: $180,807[2]
Judicial selection
Method:   Partisan election of judges
Term:   10 years

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:


    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:

      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:

        Division D: Guidry-Whipple vacancy[edit]

        General election candidates

        The general election was canceled.

          Primary candidates

          First Circuit Second District

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

          General election candidates

          Primary candidates

          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:

            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:


              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:

                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:

                  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:

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

                    General election candidates

                    The general election was canceled.

                      Primary candidates


                      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:

                        Third Circuit Second District

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

                        General election candidates

                        The general election was canceled.

                          Primary candidates

                          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:

                            Special election

                            General election candidates

                            The general election was canceled.

                              Primary candidates

                              This primary was canceled and this candidate was elected:

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

                              General election candidates

                              The general election was canceled.

                                Primary candidates

                                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:


                                  Fourth Circuit At-large

                                  McKay vacancy[edit]

                                  General election candidates

                                  The general election was canceled.

                                    Primary candidates


                                    Did not make the ballot:

                                    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:

                                      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:

                                        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:

                                          Division H: Jenkins' seat[edit]

                                          General election candidates

                                          The general election was canceled.

                                            Primary candidates

                                            This primary was canceled and this candidate was elected:


                                            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:

                                              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:

                                                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:

                                                  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:

                                                    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:


                                                      Judges not on the ballot[edit]

                                                      First Circuit Court of Appeals[edit]
                                                      Second Circuit Court of Appeals[edit]
                                                      Third Circuit Court of Appeals[edit]
                                                      Fourth Circuit Court of Appeals[edit]


                                                      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.

                                                      CandidateIncumbencyPartyPlacePrimary VoteElection Vote
                                                      LiljebergHans J. Liljeberg   ApprovedANoRepublicanDivision F100%   ApprovedA
                                                      ChaissonRobert A. Chaisson    YesDemocratic3rd Dist, Div. A100%ApprovedA   
                                                      MurphyRobert M. Murphy    NoRepublican1st Dist, Div. G100%ApprovedA   
                                                      ChehardySusan Chehardy    YesRepublican1st Dist, Div. D100%ApprovedA   

                                                      2011[edit]

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

                                                      CandidateIncumbencyPartyWardPrimary VoteElection Vote
                                                      JasmineMadeline Jasmine    NoDemocratic27.2%   DefeatedA
                                                      ChaissonRobert A. Chaisson   ApprovedANoDemocratic3rd Dist, Div. A72.7%   ApprovedA

                                                      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:


                                                      State profile[edit]

                                                      Demographic data for Louisiana
                                                       LouisianaU.S.
                                                      Total population:4,668,960316,515,021
                                                      Land area (sq mi):43,2043,531,905
                                                      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

                                                      See also[edit]

                                                      Louisiana Judicial Selection More Courts
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                                                      External links[edit]

                                                      Footnotes[edit]


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