JEREMY PAUL DUCOTE v. CARLEY KATHERINE MAGETTE (2022)

The trial court denied what the opposition says is applicant's ninth request for a legislative continuance pursuant to Louisiana Revised Statute 13:4163. In an order signed on September 5, 2022, the trial court set this case for trial on November 10, 2022, beginning at 9:00 a.m. On October 13, 2022, applicant's counsel, who was co-chairing a legislative committee, scheduled a meeting of the committee for the trial date, November 10, 2022, beginning at 1:30 p.m. Counsel then waited until November 4, 2020, the Friday before the week of trial, at 10:49 p.m. to request a continuance. The 1:00 p.m. legislative meeting does not conflict with the 9:00 a.m. trial. The trial can be recessed, if not concluded, to accommodate the meeting. See La. R.S. 13:4163E(2)(b). Further, a lawyer-legislator is not relieved of his obligations under the Code of Professional Conduct. Rule 3.5D of the Code of Professional Conduct provides: “A lawyer shall not ․ engage in conduct intended to disrupt a tribunal.”

CRAIN, J., dissenting.