Performance of the Courts of Appeal

Fiscal Year 2015 - 2016

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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 2015-2016 to determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists.

QuestionIdQuestionStatementResponse
1010682515What 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 2015-2016 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 2015-2016 to determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists.
Additional actions taken by the courts to address this objective
1st Circuit
The First Circuit 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 posting of writ dispositions to the court website at the time of issuance ensures all litigants have the same and immediate access to decisions. Additionally, if the litigant elects, the court's decisions can be electronically issued to the litigant.
2nd Circuit
Second Circuit judges are 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. Electronic technology is in place to assist in providing remote access.
3rd Circuit
The Third Circuit adopted 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 next available docket after briefing is completed. Civil appeals were checked by central staff attorneys for jurisdictional flaws and any factors which would require the appeal to be handled expeditiously prior to lodging. The clerk or deputy clerk examined 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, examined all incoming criminal appeals and writs to determine whether they need to be handled expeditiously. Special reports were utilized to track expedited criminal writ applications as well as civil writ applications. This 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
Although the Fourth Circuit does not have a duty judge per se, many of the functions that one would handle were either dealt with by the Chief Judge or the emergency writ panel currently in rotation.
5th Circuit
The Fifth Circuit maintained two attorney positions devoted to screening writs and appeals to insure expeditious processing of appeals or writ applications requesting or requiring expedited treatment.
ResponseResponse_Court
Additional actions taken by the courts to address this objective5 courts (1st Circuit, 2nd Circuit, 3rd Circuit, 4th Circuit, 5th 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, 3rd Circuit)
Created or maintained a system of duty judges4 courts (1st Circuit, 2nd Circuit, 3rd Circuit, 5th Circuit)
Created or maintained summary docketing procedures2 courts (1st 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 applications3 courts (1st Circuit, 4th Circuit, 5th Circuit)

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