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Louisiana Cases August 17, 2020: Wainwright v. Kelly

Up to Louisiana Cases

Court: Louisiana Supreme Court
Date: Aug. 17, 2020

Case Description

C. Gary Wainwright
v.
Diedre Pierce Kelly and Arthur Morrell, in his Official Capacity as
the Clerk of Court for the Parish of Orleans, State of Louisiana

No. 2020-C-1004

SUPREME COURT OF LOUISIANA

August 17, 2020

C. GARY WAINWRIGHT

VS.

DIEDRE PIERCE KELLY AND THE HONORABLE ARTHUR A. MORRELL

C/W

JAMES RYAN NEWHART

VS.

DIEDRE PIERCE KELLY AND ARTHUR MORRELL , IN HIS OFFICIAL CAPACITY AS CLERK OF COURT IN THE PARISH OF ORLEANS , STATE OF LOUISIANA

IN RE: Charles Gary Wainwright - Applicant Plaintiff; Election, Parish of Orleans Civil, Civil District Court Number(s) 2020-6387 c/w 2020-6401, Court of Appeal, Fourth Circuit, Number(s) 20-CA-0374 c/w 20-CA-0375;

Writ application granted. See per curiam.

JTG
JLW
SJC
WJC
JHB

Hughes, J., would deny.
Johnson, C.J., recused.

Supreme Court of Louisiana
August 17, 2020

/s/ _________
Clerk of Court
For the Court

Page 2

On Supervisory Writ to the Civil District Court, Parish of Orleans

Granted. Louisiana Constitution article V, § 24 states that potential candidates "shall have been admitted to the practice of law in the state" for eight years in order to qualify for a district judicial seat (emphasis added). Ms. Kelly was admitted to the bar on October 20, 2011. She was suspended from the practice of law between April 2, 2015, and November 15, 2016. It follows that the period of her suspension did not accrue towards the required eight years of admission to the practice of law. Thus, the lower courts' rulings are reversed, and Ms. Kelly is disqualified as a candidate for Orleans Parish Criminal District Court Judge, Section "K."