State ex rel. R.C. v. Louisiana Department of Public Safety & Corrections
State ex rel. R.C. v. Louisiana Department of Public Safety & Corrections
Opinion of the Court
We have before us a motion to stay the ruling of the juvenile court requiring the Department of Public Safety and Corrections (the “Department”) to transfer five youths presently under the juvenile court’s jurisdiction from the Swanson Correctional Center for Youth Madison Parish Unit (historically known as “Tallulah”) to an alternate secure care facility under penalty of a $100-per-day fine. Regarding the Department’s appeal on the merits for which notice has been filed in the juvenile court, we grant the writ to consider the merits of the case, thus, we order the bypassing of the court of appeal. Although the only application currently before this court is a stay order, in the exercise of our supervisory jurisdiction we take this extraordinary step in the interest of expediency and because of the important public issues involved. See Perschall v. State, 96-0322, p. 2 (La.7/1/97), 697 So.2d 240, 243.
Upon learning that the juvenile court judge conducted no hearing at which evidence could be adduced before issuing his ex proprio motu ruling,
. Apparently, the juvenile court judge acted to declare the conditions of confinement at Tal-lulah unconstitutional after the Fourth Circuit Court of Appeal upheld this judge’s similar
Reference
- Full Case Name
- STATE of Louisiana in the Interest of R.C. v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
- Cited By
- 1 case
- Status
- Published