AG files motion to recuse three 19th JDC judges in nearly 100 cases
BATON ROUGE — The attorney general's office wants three judges in East Baton Rouge Parish to step aside from any case involving state officials because of a lawsuit the judges filed against Louisiana in federal court.
Chief Judge Don Johnson and judges Ronald Johnson and Gail Horne Ray sued the state Feb. 27, saying lawmakers last year weren't authorized to substantially alter judicial subdistricts created in 1992 to ensure Black representation in the court system.
A consent decree among the plaintiffs and the state "extended permanently" the federal court's subdistrict plan, the judges said. It described the agreement as "both a contract and a judicial decree. The issuing court retains authority to modify a consent decree; the parties may not unilaterally alter it."
But the judges say that's what happened last year, when lawmakers adopted Act 243, altering subdistricts in the 19th Judicial District covering Baton Rouge. If the state wanted to make a change, it needed to propose any alterations to the federal court first, the East Baton Rouge judges said.
Attorney General Liz Murrill filed a motion in state court this week asking Judge Don Johnson to step aside because of the federal court lawsuit, and said the others should give up state government-related cases as well.
"Your Honor and two other judges in the 19th Judicial District sued the Attorney General in federal court, accusing her of intentionally violating their constitutional rights," the attorney general's office wrote. It said that after the lawsuit was filed but before any subpoenaes were issued, lawyers from the AG's office appeared in court not knowing Murrill was an adversary in federal court "and the subject of serious personal allegations."
"Louisiana law does not permit that," the filing says.
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Murrill says that the judges are presiding over nearly 100 cases that they would have to step aside from if the recusal is granted.
The state has until April 6 to respond in the federal court case. There was no immediate action from Don Johnson on the recusal request, according to East Baton Rouge Parish court records.