Louisiana Attorney General Liz Murrill’s office has asked that three East Baton Rouge Parish judges not be allowed to hear any case involving state officials because of a federal lawsuit the judges filed against Louisiana.
Chief Judge Don Johnson, Judge Ronald Johnson and Judge Gail Horne Ray filed their federal lawsuit February 27 claiming state legislators weren’t authorized to substantially alter judicial subdistricts created in 1992 to ensure Black representation in the court system.
A consent decree among the plaintiffs and the state “extended permanently” the federal court’s subdistrict plan, the judges said. The agreement was described as “both a contract and a judicial decree. The issuing court retains authority to modify a consent decree; the parties may not unilaterally alter it.”
But lawmakers adopted Act 243 that altered subdistricts in the 19th Judicial District covering Baton Rouge. The three judges say that if the state wanted to make a change, it needed to propose any alterations to the federal court first.
Murrill’s office filed its motion in state court March 18 asking Judge Don Johnson to step aside because of the federal court lawsuit. The motion also said the other two judges should give up state government-related cases as well.
“Your Honor and two other judges in the 19th Judicial District sued the Attorney General in federal court, accusing her of intentionally violating their constitutional rights,” the motion states. “The Attorney General intends to vigorously contest that federal lawsuit and is confident it will not survive scrutiny. But the recusal problem is immediately apparent.”
The motion also says lawyers from Murrill’s office appeared in Judge Don Johnson’s court the day after without knowing the federal lawsuit had been filed, making Murrill “the subject of serious personal allegations.”
“Louisiana law does not permit that,” the motion states.
“The Complaint levels serious personal accusations against Attorney General Murrill,” the motion continues. “Chief Judge Johnson alleges that she ‘deprived [him] of the due process of law deprived [him] of the fundamental fairness guaranteed by law,’ and ‘violate[d]’ his ‘protected rights … to both cast votes and run as qualified Black candidate.’
“He accuses the Attorney General of having ‘made a conscious choice’ to strip him of those rights by ‘intentionally undermin[ing] federal law and jurisprudence’ and acting without ‘lawful and jurisdictional authority.’
“As a result, he says, Attorney General Murrill ‘prejudice[d]’ and ‘affect[ed] adversely’ his ‘interests,’ including his ‘federally protected civil and voting rights.’”
Murrill says the trio of judges are handling about 100 cases that would be affected if recusal is granted.
Also, the state must respond to the federal court case by April 6.
