Performance of the Courts of Appeal

Fiscal Year 2014 - 2015

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GOAL 2: TO PROMOTE THE RULE OF LAW


Objective

2.1 To ensure that adequate consideration is given to each case and that decisions are based on legally relevant factors, thereby affording every litigant the full benefit of the judicial process.

Intent of the Objective

The courts play a major role in our constitutional framework of government by ensuring that due process and equal protection of the law, as guaranteed by the federal and state constitutions, have been applied fully and fairly throughout the judicial process. The rendering of justice demands that these fundamental principles be observed, protected, and applied by giving every case sufficient attention and deciding cases solely on legally relevant factors fairly applied and devoid of extraneous considerations or influences. The integrity of the entire court system rests on its ability to fashion procedures and make decisions that afford each litigant access to justice. The constitutional principles of Equal Protection and Due Process are the guideposts for the procedures developed and decisions made by the courts of appeal.

Responses To Objective

  1. Actions taken in FY 2014-2015 to promptly implement changes in law and procedure.
  2. Actions taken in FY 2014-2015 to ensure that adequate consideration is given to each case and that decisions are based on legally relevant factors.

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857700288What actions, if any, did your court take in FY 2014-2015 to promptly implement changes in law and procedure?Actions taken in FY 2014-2015 to promptly implement changes in law and procedure.
(Hover on the chart for more information and click on the chart to see which courts chose that response.)
Actions taken in FY 2014-2015 to promptly implement changes in law and procedure.
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Additional actions taken by the courts to address this objective
1st Circuit
The court adopted a procedure to process petitions for appeal associated with LSA-R.S. 47:1434. This statute provides for an appeal from a decision of the Board of Tax Appeal and allows for the litigant to file an appeal with the First Circuit rather than with the lower court (the Board). The procedure provides for the filing of the petition of appeal, an order setting a return date, procedure for payment of appeal costs, and a resumption of the normal appellate process.

The court also instituted the Chief Judge's Desk, a monthly reporting process. It is a report given at the beginning of each administrative conference to identify progress of ongoing projects and to suggest action to the conference to implement or comply with any required changes in the law and procedure.
2nd Circuit
Each Second Circuit judge continued to immediately receive rule and legislative updates, as well as Louisiana Supreme Court rulings and administrative orders. The judge then acts upon this information as needed.
3rd Circuit
Judges and staff attended relevant seminars on recent developments in law and procedure.
ResponseResponse_Court
Additional actions taken by the courts to address this objective3 courts (1st Circuit, 2nd Circuit, 3rd Circuit)
Continued to address this objective through the actions indicated below, or implemented the following new actions in FY 2014-2015 to address this objective as indicated below:5 courts (1st Circuit, 2nd Circuit, 3rd Circuit, 4th Circuit, 5th Circuit)
Designated a person/committee to monitor rules and legislation and to communicate promptly all changes in law and procedure to appropriate and relevant persons3 courts (1st Circuit, 4th Circuit, 5th Circuit)
Did not address in FY 2014-20150
Instituted or continued en banc review of all changes in law and procedure2 courts (4th Circuit, 5th Circuit)
Obtained and circulated updated bench books, checklists, and other materials to ensure prompt implementation of changes in law and procedure3 courts (1st Circuit, 3rd Circuit, 4th Circuit)

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