Performance of the Courts of Appeal

Fiscal Year 2016 - 2017

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GOAL 1: TO PROTECT THE RULE OF LAW


Objective

1.3 To determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists, including mandamus, habeas corpus, quo warranto, termination of parental rights and other matters affecting children’s rights, and election proceedings, and to consider expeditiously those writ applications filed under the court’s supervisory jurisdiction in which expedited consideration, or a stay, is required.

Intent of the Objective

The courts of appeal of Louisiana, pursuant to state constitutional provisions and legislative acts, are often the designated forums for the determination of appeals, writs, and original proceedings. These proceedings sometimes affect large segments of the population within the courts’ jurisdiction, or they require prompt and authoritative judicial action. In addition, the courts of appeal have recognized that they have a special responsibility to ensure that cases involving children are handled expeditiously.

Responses To Objective

  1. Actions taken during FY 2016-2017 to determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists.

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QuestionIdQuestionStatementResponse
184771054What actions, if any, did your court take during the reporting period to determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists?Actions taken during FY 2016-2017 to determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists.
(Hover on the chart for more information and click on the chart to see which courts chose that response.)
Actions taken during FY 2016-2017 to determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists.
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Additional actions taken by the courts to address this objective
1st Circuit
The court promoted its Local Rule 8 on EFiling to allow litigants the option to electronically file documents with the court to facilitate adequate and speedy remedies for the situations that warrant expeditious treatment. The court posts to its website helpful hints for litigants seeking expedited treatment of their writ application.
2nd Circuit
Our judges were scheduled as "duty judges" on a rotating system of one week each to act on various matters. The staff of the Second Circuit always has access to a panel of judges and the court continued to provide remote access for judges and staff.
3rd Circuit
The Third Circuit continued to utilize Internal Rule 22 in 2007 to provide a process for expedited consideration of cases relating to a disaster such as Hurricanes Rita and Katrina. The court has previously adopted internal rules to ensure that certain expedited children's cases are placed on the first available docket after briefing is completed. Civil appeals are checked by central staff attorneys for jurisdictional flaws and for any factors which would require the appeal to be handled expeditiously prior to lodging. The clerk or deputy clerk examines all incoming civil writs to determine if there is a need for the writ to be handled expeditiously. The criminal director, with the assistance of a paralegal, examines all incoming criminal appeals and writs to determine whether they need to be handled expeditiously. Special reports are utilized to track expedited criminal writ applications as well as civil writ applications. Also, the court adopted and posted on the website a Caseflow Management plan to inform attorneys and the public of the deadlines and timelines associated with the appellate process.
4th Circuit
Based on the discretion of the Chief Judge and after consultation with the Clerk of Court and other judges, in certain situations an appeal may be scheduled for the next available docket.
ResponseResponse_Court
Additional actions taken by the courts to address this objective4 courts (1st Circuit, 2nd Circuit, 3rd Circuit, 4th Circuit)
Continued to address this objective through the actions indicated below, or implemented the following new actions to address this objective as indicated below:5 courts (1st Circuit, 2nd Circuit, 3rd Circuit, 4th Circuit, 5th Circuit)
Created or continued a special screening process at the time of lodging to identify petitions/applications warranting expeditious processing5 courts (1st Circuit, 2nd Circuit, 3rd Circuit, 4th Circuit, 5th Circuit)
Created or maintained a special panel of judges to hear expedited cases2 courts (1st Circuit, 5th Circuit)
Created or maintained a system of duty judges3 courts (2nd Circuit, 3rd Circuit, 5th Circuit)
Created or maintained summary docketing procedures2 courts (3rd Circuit, 4th Circuit)
Developed or maintained a request form for ensuring that applications requesting expeditious treatment meet all rule requirements3 courts (3rd Circuit, 4th Circuit, 5th Circuit)
Did not address this objective0
Established or continued a committee of the clerk's office and/or central staff to address the routing, communication and disposition of issues associated with emergency or expedited writ applications2 courts (1st Circuit, 4th Circuit)

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