IN RE: SUBPOENA DUCES TECUM (2018)

ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS

Writ granted. We remand this matter to the district court to refer the motion to recuse to a judge ad hoc, to be appointed by this Court, to conduct a hearing on the motion. See La. C.Cr.P. art. 674. The state's motion to file an exhibit under seal is granted.

Attachment

ORDER

Acting under the authority of Article V, Section 5(A), Constitution of 1974, and the inherent power of this Court, and considering the decision of this Court on January 25, 2018 in matter No. 17–KK–2140, resulting in the need to assign a judge ad hoc for the purpose of hearing a Motion to Recuse the Judges of the Orleans Criminal District Court in the below mentioned matter on the docket of said court, and further considering the willingness of Retired Judge Freddie Pitcher, Jr. to accept said assignment,

IT IS ORDERED THAT:

Retired Judge Freddie Pitcher, Jr. be and he is hereby assigned as judge ad hoc of the Orleans Parish Criminal District Court, for the purpose of hearing a Motion to Recuse the Judges of the Orleans Parish Criminal District Court in the matter entitled “In Re: Subpoena Duces Tecum, Matter Under Investigation by Louisiana Bureau of Investigation, Department of Justice, Office of Attorney General, State of Louisiana”, Department of Justice reference number 11–2317 on the docket of said court, subject to the completion of any unfinished business.

This Order shall not deprive the judges of the Orleans Parish Criminal District Court, of their offices as judges of the Orleans Parish Criminal District Court, or of any other courts to which they may have been assigned by previous order of this Court, nor shall it deprive Retired Judge Freddie Pitcher, Jr. of his office as judge of any other court to which he may have been assigned by previous order of this Court.

The Court or Judge requesting ad hoc or pro tempore assistance shall have the duty and obligation of providing the requisite courtroom and office space, legal support personnel (if necessary), court reporting and secretarial personnel, and related equipment to enable ad hoc or pro tempore judges to fulfill their obligations.

The judge assigned to sit ad hoc or pro tempore hereunder in any district, juvenile, parish, city, municipal, or traffic court shall be subject to Supreme Court General Administrative Rule, Part G, Section 2, “Cases Under Advisement,” with respect to deciding matters timely and reporting to this Court's Judicial Administrator. Any retired judge assigned to sit ad hoc in any district court shall report biannually on the status of his or her assignment, using the District Court Ad Hoc Judicial Assignment Report Form.

Given under our hands and seal this 25th day of January, A.D., 2018, New Orleans, Louisiana.

Chief Justice Bernette Joshua Johnson