Performance of the Courts of Appeal

Fiscal Year 2017 - 2018

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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 2017-2018 to determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists.

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QuestionIdQuestionStatementResponse
135322861What 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 2017-2018 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 2017-2018 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 1st Circuit reported that it continued to promote its electronic filing services to the bar and self-represented litigants. These promotions inform all that the electronic filing services provide the quickest process to expeditiously handle matters that require such handling. Additionally, the court maintains an email notification system tailored to alert clerk's office, central staff, and judges of matters requiring expeditious or emergency handling.
2nd Circuit
The 2nd Circuit reported that its judges continued to be 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 3rd Circuit reported that it continued to utilize Internal Rule 22 to provide a process for expedited consideration of cases related to a disaster such as the recent floods that affected Baton Rouge and Southwest Louisiana. 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 are checked by court paralegals and central staff attorneys for jurisdictional flaws and any factors that would require expeditious treatment 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 those filings need to be handled expeditiously. Special reports are utilized to track expedited criminal and civil writ applications. This Court adopted and posted on its website a caseflow management plan to inform attorneys and the public of the deadlines and timelines associated with the appellate process.
ResponseResponse_Court
Additional actions taken by the courts to address this objective 3 courts (1st Circuit, 2nd Circuit, 3rd 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 judges4 courts (1st Circuit, 2nd Circuit, 3rd Circuit, 5th Circuit)
Created or maintained summary docketing procedures1 court (3rd 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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