Louisiana Fifth Circuit Court of Appeal
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 | |
 | |
| Court information | |
| Judges: | 8 |
| Founded: | 1981 |
| Salary: | Associates: $182,007[2] |
| Judicial selection | |
| Method: | Partisan election of judges |
| Term: | 10 years |
Judges
| Judge | Tenure | Appointed By |
|---|---|---|
|
2009 - Present |
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2006 - Present |
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January 1, 2019 - Present |
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2012 - Present |
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1998 - Present |
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January 1, 2024 - Present |
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2009 - Present |
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January 1, 2024 - Present |
Judicial selection
- 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
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
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
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
In 2024, the associate judges of the court received a salary of $182,007, according to the National Center for State Courts.[8]
Elections
2025
A special election will be held in 2025 to replace John Guidry (D) on the Louisiana First Circuit Court of Appeal. The seat is up for partisan election on May 3, 2025. A primary is scheduled for March 29, 2025. The filing deadline was January 31, 2025.
Candidates and results
1st Circuit, 2nd Dist., Subdist. 2, Div. D
Louisiana elections use the majority-vote system. All candidates compete in the same primary, and a candidate can win the election outright by receiving more than 50 percent of the vote. If no candidate does, the top two vote recipients from the primary advance to the general election, regardless of their partisan affiliation.
Nonpartisan primary election
The primary election was canceled. Wilson Fields (D) won the election without appearing on the ballot.
2024
The terms of nine Louisiana intermediate appellate court judges expired on December 31, 2024. The nine seats were up for partisan election on December 7, 2024. The primary was 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
- This is a list of the judges who were required to stand for partisan election in 2024 in order to remain on the bench. Judges could choose not to stand for election.
First Circuit Court of Appeal
■ Tess Percy Stromberg
■ Jewel Welch
■ Wayne Chutz
■ Allison H. Penzato
Second Circuit Court of Appeal
Third Circuit Court of Appeal
■ D. Kent Savoie
■ Candyce Perret
Fourth Circuit Court of Appeal
Fifth Circuit Court of Appeal
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
Fifth Circuit First District
Section 1, Division F: Hans Liljeberg's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Scott Schlegel (Republican Party) ✔
Fifth Circuit Third District
Division A: Robert A. Chaisson's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Timothy Marcel (Democratic Party) ✔
Vacancies
Fifth Circuit Court of Appeal District 1
Hans J. Liljeberg (R) created a vacancy when he retired effective February 28, 2023.[10]
Fifth Circuit Court of Appeal District 3
Robert A. Chaisson (D) created a vacancy when he resigned effective December 31, 2023.[11]
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
First Circuit First District
Division B: Theriot's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Mitch Theriot (Incumbent) (Republican Party) ✔
Division D: Guidry-Whipple vacancy
General election candidates
The general election was canceled.
Primary candidates
- Tanner Magee (Republican Party)
- Steve Miller (Republican Party) ✔
First Circuit Second District
Subdist. 1, Division B: McDonald vacancy
General election candidates
- Donald Johnson (Democratic Party)
- Hunter Greene (Republican Party) ✔
Primary candidates
- Hunter Greene (Republican Party) ✔
- Beau Higginbotham (Republican Party)
- Donald Johnson (Democratic Party) ✔
First Circuit Third District
Division B: McClendon's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Page McClendon (Incumbent) (Republican Party) ✔
Division D: Wolfe's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Elizabeth Wolfe (Incumbent) (Republican Party) ✔
Second Circuit First District
Elec. Sect. 1C: Hunter's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Marcus Hunter (Incumbent) (Democratic Party) ✔
Elec. Sect. 2B: Moore vacancy
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Daniel Ellender (Republican Party) ✔
Second Circuit Third District
Elec. Sect. 2B: Pitman's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Frances Pitman (Incumbent) (Republican Party) ✔
Elec. Sec. 2C: Garrett vacancy (special election)
General election candidates
The general election was canceled.
Primary candidates
- Craig Marcotte (Republican Party) ✔
- Erin Leigh Waddell Garrett (Republican Party)
Third Circuit First District
Division A: Pickett's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Elizabeth A. Pickett (Incumbent) (Independent) ✔
Third Circuit Second District
Elec. Sect. 2B: Ezell vacancy
General election candidates
The general election was canceled.
Primary candidates
- H. Guy Bradberry (Republican Party) ✔
- Clayton Davis (Republican Party)
Third Circuit Third District
Elec. Sec. 1C: Ortego's seat
Regular election
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Gary J. Ortego (Incumbent) (Republican Party) ✔
Special election
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Gary J. Ortego (Republican Party) ✔
Elec. Sect. 2D: Cooks vacancy
General election candidates
The general election was canceled.
Primary candidates
- Valerie Gotch Garrett (Democratic Party)
- Ledricka Johnson Thierry (Democratic Party) ✔
Elec. Sect. 3E: Conery vacancy
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Wilbur Stiles (Republican Party) ✔
Fourth Circuit At-large
McKay vacancy
General election candidates
The general election was canceled.
Primary candidates
- Joseph Cao (Republican Party)
- Karen K. Herman (Democratic Party) ✔
- Marie Williams (Democratic Party)
Did not make the ballot:
Fourth Circuit First District
Division A: Lombard vacancy
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Nakisha Ervin-Knott (Democratic Party) ✔
Division B: Chase's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Tiffany Gautier Chase (Incumbent) (Democratic Party) ✔
Division D: Woods vacancy (special election)
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Rachael Johnson (Democratic Party) ✔
Division H: Jenkins' seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Sandra Cabrina Jenkins (Incumbent) (Democratic Party) ✔
Fifth Circuit First District
Election Section 1, Div. D: Chehardy's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Susan M. Chehardy (Incumbent) (Republican Party) ✔
Election Section 1, Div. E: Windhorst's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Stephen J. Windhorst (Incumbent) (Republican Party) ✔
Election Section 1, Div. F: Lilijeberg's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Hans J. Liljeberg (Incumbent) (Republican Party) ✔
Election Section 1, Div. G: Molaison's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- John J. Molaison Jr. (Incumbent) (Republican Party) ✔
Fifth Circuit Third District
Division A: Chaisson's seat
General election candidates
The general election was canceled.
Primary candidates
This primary was canceled and this candidate was elected:
- Robert A. Chaisson (Incumbent) (Democratic Party) ✔
Judges not on the ballot
First Circuit Court of Appeals
- Vanessa Guidry-Whipple (First District, Division D)
- J. Michael McDonald (Second District, Division B)
Second Circuit Court of Appeals
- Milton Moore (First District, Section 2B)
- Jeanette Garrett (Third District, Section 2C)
Third Circuit Court of Appeals
- Billy Ezell (Second District, Section 2B)
- John Saunders (Third District, Section 1C)
- Sylvia Cooks (Third District, Section 2D)
- John Conery (Third District, Section 3E)
Fourth Circuit Court of Appeals
- James McKay (At-large)
- Edwin Lombard (First District, Division A)
- Regina Bartholomew Woods (First District, Division D)
2020
Judges with expiring terms
- 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
| Unopposed | Judge Marc Johnson (District 1 Division C) |
|---|
2012
Clarence McManus, Walter Rothschild and Marion Edwards all must retire at the end of 2012.
| Candidate | Incumbency | Party | Place | Primary Vote | Election Vote |
|---|---|---|---|---|---|
Hans J. Liljeberg  | No | Republican | Division F | 100% | |
| Robert A. Chaisson | Yes | Democratic | 3rd Dist, Div. A | 100% | |
| Robert M. Murphy | No | Republican | 1st Dist, Div. G | 100% | |
| Susan Chehardy | Yes | Republican | 1st Dist, Div. D | 100% |
2011
The following is a list of candidates for the Fifth Circuit Court of Appeal 2011 election:
| Candidate | Incumbency | Party | Ward | Primary Vote | Election Vote |
|---|---|---|---|---|---|
| Madeline Jasmine | No | Democratic | 27.2%  | ||
| Robert A. Chaisson | No | Democratic | 3rd Dist, Div. A | 72.7% |
Ethics
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
Judges in Louisiana may be removed in one of two ways:
- By the Louisiana Supreme Court after recommendation from the Louisiana Judiciary Commission[15]
- By a two-thirds vote of the Louisiana State Senate upon impeachment by the Louisiana House of Representatives
State profile
| Demographic data for Louisiana | ||
|---|---|---|
| Louisiana | U.S. | |
| Total population: | 4,668,960 | 316,515,021 |
| Land area (sq mi): | 43,204 | 3,531,905 |
| 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
- See also: Presidential voting trends in Louisiana
Louisiana voted Republican in all seven presidential elections between 2000 and 2024.
More Louisiana coverage on Ballotpedia
- Elections in Louisiana
- United States congressional delegations from Louisiana
- Public policy in Louisiana
- Endorsers in Louisiana
- Louisiana fact checks
- More...
See also
External links
Footnotes
- ↑ Louisiana Fifth Circuit Court of Appeal, "Our History," accessed August 26, 2014
- ↑ The salary of the chief judge may be higher than an associate judge.
- ↑ 3.0 3.1 3.2 3.3 American Judicature Society, "Methods of Judicial Selection: Louisiana; Selection of Judges," archived October 2, 2014
- ↑ NOLA.com, "Lawmakers fail to pass amendment eliminating mandatory retirement age of judges," archived March 9, 2016
- ↑ Louisiana Supreme Court, "Henry Julien v. The Honorable W. Fox McKeithan," accessed May 6, 2014
- ↑ Louisiana Revised Statutes "RS 13:101.1," accessed July 13, 2016
- ↑ Leagle, "Marcelle v. DeCuir," September 21, 1995
- ↑ National Center for State Courts, "2024 Salaries and Rankings," accessed October 7, 2024
- ↑ Louisiana Executive Department, "Proclamation Number 210 JBE 2023," accessed November 21, 2023
- ↑ 10.0 10.1 10.2 State of Louisiana, "Proclamation Number 38 JBE 2023," accessed July 21, 2023
- ↑ 11.0 11.1 11.2 State of Louisiana, "Proclamation Number 126 JBE 2023," accessed July 21, 2023
- ↑ Office of the Governor, "EXECUTIVE DEPARTMENT PROCLAMATION NUMBER 210 JBE 2021," November 9, 2021
- ↑ Office of the Governor, "EXECUTIVE DEPARTMENT PROCLAMATION NUMBER 198 JBE 2021," October 18, 2021
- ↑ Louisiana Supreme Court, "Code of Judicial Conduct," accessed September 17, 2021
- ↑ Judiciary Commission of Louisiana, "Overview," accessed July 17, 2023
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