Successor for Chief Justice Kimball an issue in Louisiana
June 15, 2012
Louisiana: Chief Justice Catherine D. Kimball announced in April her intention to retire from the court in January, creating a need for a new head of the state's judiciary. In the past, the position automatically has gone to the justice with the longest tenure on the court, as dictated by Section 6 of the Louisiana Constitution.[1] This time, a debate is brewing as to who has technically served the longest.
Justice Bernette Johnson joined the court in 1994 as the eighth justice from a new minority-comprised district. (The Louisiana Supreme Court has seven justices normally.) Johnson served in that position until a vacancy occurred in 2000, to which she was appointed. The seniority discrepancy comes from whether Johnson was indeed a full-time member of the court from 1994 to 2000.[2] Justice Jeffrey Victory was elected to the court in 1994, and began serving in early 1995.[3]
The racial undertones of the situation have been addressed as well. Some contend that Justice Johnson's ethnicity is the real issue, since she would be the first African-American Chief Justice in the court's history.[2]
Chief Justice Kimball has invited any of the justices serving on the court to submit written arguments to her by July 31, in order to consider all legal perspectives.[4] Justice Johnson's attorney disagrees with this action, stating that the Constitution clearly states that the Chief Justice is chosen solely by seniority, as opposed to the opinions of other members.[2]
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