STATE OF LOUISIANA NO. 24-K-375 VERSUS FIFTH CIRCUIT J.J. COURT OF APPEAL STATE OF LOUISIANA

August 21, 2024 Linda Wiseman First Deputy Clerk

IN RE STATE OF LOUISIANA APPLYING FOR SUPERVISORY WRIT FROM THE JEFFERSON PARISH JUVENILE COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JENNIFER G. WOMBLE, DIVISION "A", NUMBER 2022-JU-339

Panel composed of Judges Marc E. Johnson, Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED Relator, the State of Louisiana, seeks review of the Jefferson Parish Juvenile Court’s July 13, 2024 ruling terminating J.J.’s active probation, over its objection, without first serving a written motion for modification upon all parties at least three days prior to a contradictory hearing, pursuant to La. C.Ch. art. 910.

On the showing made, the writ application is denied. According to the writ application, J.J.’s probation appears to be the only order from the June 15, 2023 disposition still in effect at the time of the July 2024 review hearing. The juvenile court “may terminate an order of disposition at any time while it is still in force.”

La. C.Ch. art. 909. Further, at the July 13 review hearing, the state did not dispute any of the testimony offered by J.J.’s probation officer and custodian, or present any argument or evidence to the court, other than the recommendation for J.J.’s active probation to continue given at the end of the “Department of Juvenile Services Review Summary” dated June 13, 2024, in support of its request.

Gretna, Louisiana, this 21st day of August, 2024.

MEJ TSM

24-K-375 STATE OF LOUISIANA NO. 24-K-375 VERSUS FIFTH CIRCUIT J.J. COURT OF APPEAL STATE OF LOUISIANA

SCHLEGEL, J., DISSENTS WITH REASONS I respectfully dissent. The Louisiana Children’s Code provides that a motion to modify a disposition and grant an early termination of probation must be in writing and served upon all parties at least three days prior to the hearing unless waived by the parties. See La. Ch.C. art. 910. In this case, an early termination was granted upon the oral motion of the juvenile without advance notice. Thus, the procedure in Article 910 was not followed. Accordingly, I would grant the writ.

SUS

24-K-375 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/21/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-K-375 E-NOTIFIED Juvenile Court (Clerk) Honorable Jennifer G. Womble (DISTRICT JUDGE) Thomas J. Butler (Relator) Brian A. Pena (Respondent) Darren A. Allemand (Relator) MAILED R. Erich Cathey (Relator) Honorable Paul D. Connick, Jr. (Relator) Assistant District Attorney District Attorney Derbigny Street Twenty-Fourth Judicial District Gretna, LA 70053 200 Derbigny Street Gretna, LA 70053