State v. Marullo

Supreme Court of Louisiana
State v. Marullo, 882 So. 2d 543 (La. 2004)
2004 La. LEXIS 2378; 2004 WL 1879913
Calogero, Knoll, Reasons

State v. Marullo

Concurring Opinion

KNOLL, J.,

concurs. In the interest of judicial economy, I would remand defendant’s motion to reconsider to the trial court to treat as a motion to recuse, allowing defendant to supplement as appropriate.

CALOGERO, C.J., dissents and assigns reasons.

Opinion of the Court

In Re Marullo, Pascal; — Defendant; Applying'for Motion to Reconsider Ad Hoc Appointment, Parish of Orleans.

Motion for reconsideration of judge ad hoc denied. The defendant may file a motion to recuse if he believes he has valid grounds therefore.

Dissenting Opinion

| ¶ CALOGERO, Chief Justice,

dissents and assigns reasons.

Retired Judge Walter Kollin was appointed ad hoc in this case following recu-sal of the judges of Criminal District Court for the Parish of Orleans. The appointment by the Court was at the recommendation of Justice Johnson and the undersigned Chief Justice, each of us last elected from the judicial district that includes all or part of Orleans and Jefferson Parishes.1

I would not have made that appointment had I known that the victim has worked as a court reporter for the judges of the 24th Judicial District Court for the Parish of Jefferson, including now-retired Judge Walter Kollin.

I would, therefore, reconsider the appointment, replace Judge Kollin with a judge from outside the Parishes of Orleans and Jefferson, and appoint an ad hoc judge acceptable to the Justices of this Court.

The manner regarding appointment of ad hoc justices and judges is a discretionary matter, fully unrelated to La.Code Civ. Proc. art. 151 and the grounds for recusation of judges!

. This is the procedure generally followed by this Court in assignments ad hoc, i.e., an initial recommendation from the Justice or Justices elected from the particular district.

Reference

Full Case Name
STATE of Louisiana v. Pascal MARULLO
Cited By
1 case
Status
Published