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Louisiana Cases August 17, 2020: Newhart v. Kelly

Up to Louisiana Cases

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

Case Description

300 So.3d 864 (Mem)

James Ryan NEWHART
v.
Diedre Pierce KELLY and Arthur Morrell, in His Official Capacity as Clerk of Court in the Parish of Orleans, State of Louisiana

C. Gary Wainwright
v.
Diedre Pierce Kelly and the Honorable Arthur A. Morrell

No. 2020-C-01001

Supreme Court of Louisiana.

August 17, 2020

Writ application granted. See per curiam.

Hughes, J., would deny.

Johnson, C.J., recused.

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."