Lolley “Retires” From LA 2nd Circuit

Judge Lolley to retire from Second Circuit
Three area judges, including Ellender, Marchman, planning campaigns for the appeal court

By Zach Parker zach@ouachitacitizen.com May 2, 2017

Second Circuit Court of Appeal Judge Larry Lolley, who drew scrutiny last fall for ex-parte communications with a Monroe attorney, is expected to take early retirement from the court, according to the appeal court’s chief judge.

Second Circuit Chief Judge Henry Brown Jr. said Lolley would retire on Wednesday. “He is retiring, effective May 3,” Brown said.

Lolley drew controversial attention last fall when copies of Oct. 27, 2016 text messages between he and Monroe attorney Mark Neal surfaced. The text messages constituted an ex-parte communication – which Lolley initiated – about one of Neal’s cases before the appeal court, as first reported by The Ouachita Citizen in November 2016.

The state Supreme Court’s Code of Judicial Conduct forbids any ex-parte communications concerning substantive matters or the merits of a case.

See here the complete article (subscription required).

Louisiana DA’s Also Have Destin Junket!

REGISTRATION

Registration is open to everyone employed within the criminal justice system. The registratioon fee is $325 for registrations postmarked or faxed before Friday, May 26, 2017, and $425 after this date. The late registration fee is $525 at the door. The registration fee includes all training sessions, handouts and coffee breaks for the registrant, and planned social functions for the registrant and spouse/guest. Accommodations, travel expenses, and incidentals are the responsibility of the registrant. Payment may be made at a later date prior to the Conference.

ACCOMMODATIONS

The Association has obtained special accommodation rates for attendees at the Conference site, the Sandestin Resort, located at 9300 Emerald Coast Parkway West in Destin, Florida. All rates are subject to applicable state and local taxes and fees in effect at time of check-in.

Here’s a link to the conference webpage.

Taxpayer Funded Courthouse Crowd Vacation Time!!

Created by DPE, Copyright IRIS 2009

Substance Abuse Clinic for Alcoholic Federal Judge

Records: Federal judge in Louisiana diagnosed with ‘alcohol use disorder,’ moved into assisted living

By MICHAEL KUNZELMAN, Associated Press

A federal judge whose unusual behavior preceded her mysterious removal from a string of cases was ordered to get treatment for alcoholism so severe a colleague believes she cannot take care of herself, according to court records released Thursday.

The records revealing U.S. District Judge Patricia Minaldi’s alcoholism don’t answer whether it was a factor in the secretive interruptions in her Louisiana courtroom. But the documents show she moved into an assisted living facility specializing in “memory care” within three months of presiding over a criminal trial that was cut short without explanation.

The mandate for Minaldi to complete at least 90 days of substance abuse treatment came from a higher court official — the chief judge of the 5th U.S. Circuit Court of Appeals. A newly released medical record cites the severity of Minaldi’s alcoholism and unspecified “legal consequences she had attained” as the reasons for that requirement.

It is unclear when Chief Judge Carl Stewart imposed that mandate, but Minaldi, 58, has been on medical leave since late December. She arrived at a rehab facility Jan. 4, according to a “patient discharge summary” included in the now-unsealed records.

Lincoln/Union District Courts Order ROR for Some Misdemeanors

Following the action of Ruston City Court last month, judges of the Third Judicial (Lincoln, Union Parishes) District have also issued an order rescinding the misdemeanor bond schedule in effect, and adopted a revised policy regarding bond requirements.

Wrote Judges Cynthia Woodard, Tommy Rogers, and Jay McCallum:

Considering the need to reduce the number of persons who remain incarcerated because they cannot afford to post bond misdemeanor charges, the Court after consultation with the Sheriff and District Attorney deemed it appropriate to rescind the misdemeanor bond schedule currently in effect and to adopt the following policy and procedure with regard to misdemeanor arrestees:

1) After arrest, all misdemeanor arrestees – except those expressly listed in Section 2 below and those who are non­ residents of the State of Louisiana – will be released on their own recognizance after the completion of standard booking procedures.

2) For arrestees charged with offenses listed in (i) – (liv) below or non-residents, the duty judge will make a case-by­ case determination as to whether the arrestee will be released on recognizance or if bond will be required. This determination will be made after review of the affidavit for probable causes.

See here the complete order with offense list.

Lake Charles Federal Judge Mentally Unfit?

Court date set: Press seeks unsealing of Minaldi record

By Marilyn Monroe / American Press / Lake Charles, LA

A motion was filed Wednesday by the American Press to unseal the judicial record of a case seeking the interdiction of U.S. District Court Judge Patricia Minaldi.

The suit, which would deem Minaldi mentally incapacitated and restrain her from managing her own estate or financial affairs without the consent of a curator, was filed in state district court March 16. The proceedings were then ordered sealed.

Kathleen Kay, who works under Minaldi as U.S. magistrate judge for the Western District of Louisiana, is named as a plaintiff, according to Calcasieu Clerk of Court records. Local attorney Glen Vamvoras is listed as temporary curator.

The suit comes just over two months after Tony Moore, Western District of Louisiana Clerk of Court, told the American Press that Minaldi was on a “medical leave of absence” and would be absent from the bench for the foreseeable future.

Minaldi had previously removed herself — with no reasons given — from more than two dozen cases since a trial she presided over in December ended abruptly.

In Wednesday’s filing, attorney Rick Norman, on behalf of the American Press, asked the court to unseal the entire court record or redact it “to the minimum extent necessary” to balance “the rights of the public and those of Judge Minaldi.”

Judge Ron Ware has scheduled a hearing on the motion for 10 a.m. April 18.

Here are some earlier news stories on Minaldi:

Louisiana judge who mysteriously surrendered string of cases takes medical leave – 1/26/17

Mystery deepens after federal judge removes herself from more cases in Louisiana – 1/29/17

Secrecy clouds Minaldi removal – 10/16/16

Federal judge pleads guilty to first-offense DWI – 2/28/14

Ouachita Parish Court Coverup Update

Appeal court doubts law clerk’s immunity

By Zach Parker zach@ouachitacitizen.com

BATON ROUGE — Whether a “non-lawyer law clerk” at Fourth Judicial District Court in Monroe can be sued for destroying court documents was at the heart of questions discussed by a panel of judges at the First Circuit Court of Appeal in Baton Rouge last week.

The three-judge panel, including Chief Judge Vanessa Whipple as well as judges John Michael Guidry and Page McClendon, was assigned to preside over last week’s hearing in Monroe businessman Stanley Palowsky III’s lawsuit against Fourth Judicial District Court officials.

Palowsky’s July 2015 lawsuit accused law clerk Allyson Campbell of concealing or destroying court documents he filed with the court in a separate lawsuit against his former business partner, Brandon Cork. Palowsky sued Fourth Judicial District Court judges Fred Amman, Wilson Rambo, Carl Sharp, Stephens Winters and retired Judge Ben Jones, who now serves as the court’s administrator. According to Palowsky’s lawsuit, the five judges conspired to cover up Campbell’s activities.

“Is it a function of a law clerk to destroy pleadings?” said Guidry, of the First Circuit, while discussing the propriety of a “non-lawyer law clerk” enjoying the same judicial immunity as a judge. “Is that a function of judges to destroy public records?”

During last week’s hearing, the judges asked for parties to distinguish or whether a law clerk should enjoy the same protection from lawsuits as judges under the standard of judicial immunity.

Second Circuit Court Issues Surface

Attorney blows whistle on Second Circuit Judge Larry Lolley for ex-parte messages in Sixth St. bar case

By Zach Parker zach@ouachitacitizen.com 2 hrs ago 0

Second Circuit Court of Appeal Judge Larry Lolley initiated an ex-parte communication with Monroe attorney Mark Neal last month, warning the attorney the appellate court would likely rule against his client, the Sixth Street Saloon in Monroe, prior to a hearing on the bar’s appeal.

The ex-parte communication was conveyed in text messages from Lolley to Neal on Oct. 27. Ex-parte communications concerning substantive matters or the merits of a case are forbidden, according to the state Supreme Court’s Code of Judicial Conduct.

Lolley, of Monroe, said Neal was wasting time pursuing his client’s lawsuit and should take his career into consideration before taking such cases. Lolley also indicated the Second Circuit’s three-judge panel – including himself – would likely favor the defendant, not Neal’s client.

Neal reported the incident to the Second Circuit in an Oct. 31 letter that included screenshots of the text message exchange with Lolley. The Ouachita Citizen obtained the documents through a public records request to the court.

“This exchange clearly and unfortunately demonstrates unsolicited, ex-parte communication from Judge Lolley to me regarding a case pending before this court and to which the three presiding judges are referenced by name,” stated Neal’s letter to the court.

Cox Wins 2nd Circuit Judgeship

Cox defeats incumbent for seat on appeals court

By Gary Hines – KTBS-TV3

In a rare challenge of a sitting judge, Bossier-Webster District Judge Jeff Cox defeated incumbent Jay Caraway on Tuesday for a seat on the state appeals court representing much of north Louisiana.

Cox had 57 percent of the vote to 43 percent for Caraway, with 98 percent of precincts reporting.

Cox heavily outspent Caraway in the race, which also had its share of acrimony. A Caraway campaign ad pointed to the number of times Cox’s rulings in civil cases have been overturned on appeal. The Cox campaign criticized Caraway for reducing the bond that had been set for a man accused of rape. A judicial campaign oversight committee said both candidates misrepresented some of the facts.

The judgeship is on the 2nd Circuit Court of Appeal. Voters in parishes from Bossier to Lincoln voted in the election.

Courthouse Gossip: Woodard May Run for Circuit Judgeship

Courtrooms, besides a place where crimes are tried and civil cases adjudicated, are a great source for political gossip.

One item we picked up last week is that Third Judicial (Lincoln, Union Parishes) Division A Judge Cynthia Woodard is contemplating a run for a seat on the Louisiana Court of Appeals, Second Circuit.

Harmon Drew, on the 2nd Circuit since 1998, may retire at the end of his current term in 2018, courthouse sources said. He will be 72 at the end of the term.

If Drew retires, and Woodard gets elected to the circuit seat, that will leave a vacancy on the local court. She was re-elected there without opposition in 2014 to a six-year term. A special election will have to be held to fill out the remaining two years. Woodard has been in the district court seat since 1996.

Local Ruston coffee shop patrons have noted in recent weeks the high visibility of at least one former judge, who is making the rounds and buying donuts for the coffee drinkers.