A series of bills that would dramatically remake the Orleans Parish court system are awaiting action in both houses of the Louisiana Legislature.
One of them, Senate Bill 217, would reduce the number of civil court judges from 14 to 12 and the number of criminal court judges from 12 to nine. That bill, authored by Sen. Jay Morris (R-Monroe) also would give the governor influence in the selection of court commissioners.
Right now, the judges of the Orleans Parish Criminal Court select the four magistrate court commissioners who serve the court. Under SB 217, the governor would select a five-person committee who would "vet and recommend future commissioners."
Court Watch NOLA interim executive director Jesse Manley told WWL's Tommy Tucker that this proposal would take away power from not only the local judges, but also the people who elect them.
"They are the ones who set the bonds," Manley said of the criminal court commissioners. "Making sure we get that bond right (and) set at a level where it is serious enough that it provides the judges with the security they think needs to be in place for that case but also it is affordable (and) a person can theoretically pay it and have their constitutional right to fight their case from outside of jail, that's a very difficult job, and I think the voters of Orleans Parish need to know that they have a say in how that job is done and it's not just coming down from the governor's office."
Governor Jeff Landry has abided by a tough-on-crime agenda during his term. Manley worries that commissioners appointed by the governor may set excessive bonds, leading to some innocent suspects taking plea deals instead of fighting the charges against them.
"If somebody gets out on bond, they are more likely to fight their case and go to trial on that charge," Manley said. "If they stay in jail on bond, they are much more likely to take a plea deal."
Senate Bill 217 is awaiting a vote on the Senate floor. Meanwhile, Rep. Dixon McMakin's (R-Baton Rouge) House Bill 911, which would consolidate the Orleans criminal and civil courts and their clerks offices into a single judicial district, is awaiting a vote on the House floor.
Another bill authored by Sen. Morris, SB 256, which would eliminate the Orleans Parish Criminal Clerk of Court position, has cleared the Senate and is awaiting referral to a House committee. If that bill clears the House and is signed by Governor Landry, it would become effective immediately, possibly denying Clerk-elect Calvin Duncan the opportunity to take office despite winning the seat in October's election. Sen. Morris told his colleagues during debate that the purpose of the bill was to eliminate the post before Duncan, who served 28 years in prison on a murder charge before a judge freed him on grounds that he was unjustly convicted, can take office.
