Performance of the Courts of Appeal

Fiscal Year 2014 - 2015

Back

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 in FY 2014-2015 to determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists.

✖
QuestionIdQuestionStatementResponse
857700264What actions, if any, did your court take in FY 2014-2015 to determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists?Actions taken in FY 2014-2015 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 in FY 2014-2015 to determine expeditiously those petitions and/or applications for which no other adequate or speedy remedy exists.
Refresh Charts
Additional acts taken by the courts to address this objective
1st Circuit
The court promoted Local Rule 8 on e-filing, which allows litigants to electronically file documents with the court to facilitate adequate and speedy remedies for the situations that warrant expeditious treatment. The court also posted writ dispositions to the court website at the time of issuance, which ensured that all litigants had the same and immediate access to decisions. Additionally, if the litigant elected, the court's decisions were electronically issued to the litigant.
2nd Circuit
Second Circuit 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 had access to a panel of judges. Also, electronic technology continued to be 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 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 was 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 needed to be handled expeditiously. Special reports were utilized to track expedited criminal writ applications as well as civil writ applications.

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.
ResponseResponse_Court
Additional acts 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)
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 cases3 courts (1st Circuit, 3rd Circuit, 5th Circuit)
Created or maintained a system of duty judges5 courts (1st Circuit, 2nd Circuit, 3rd Circuit, 4th Circuit, 5th Circuit)
Created or maintained summary docketing procedures3 courts (1st Circuit, 4th Circuit, 5th 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 objective in FY 2014-20150
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)

© 2024 - Louisiana Supreme Court, 400 Royal St., New Orleans, LA 70130