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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4374
Experience:  Almost 12 years of legal experience
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Can a district Judge, who is now retired, be called back to

Customer Question

Can a district Judge, who is now retired, be called back to a case that is still pending?
Submitted: 3 months ago.
Category: Legal
Customer: replied 3 months ago.
It is a Civil Case.
Expert:  Hammer O'Justice replied 3 months ago.


Yes, the Louisiana Supreme Court has the authority to appoint a retired judge to hear a case in any lower court.

Particularly if the judge already has knowledge of the case, the Court may do it to avoid having to have a new judge get up to speed on all the facts and filings, etc.

Customer: replied 3 months ago.
Thank you. The present Judge diagrees with the retired Judges decisions concerning an Injunction he put in place b/c of Civil matters thay had become Criminal. The retired Judge did this to prevent any further Criminal acts. The present Judge, who wants to dismiss the Injunction has no knowledge of what led to the Injunction & will only cause harm and further criminal acts. The Retired Judge put an Injunction against one party which had him stay away from another party and restrained him from any contact /with the other party. The party is in contempt as he moved in to a dwelling attached to the other party's residence. Now, this Judge wants to allow the party who violated his own Injunction to allow him to do so by living to an attached dwelling which is stated he cannot.
Expert:  Hammer O'Justice replied 3 months ago.

Well, for the previous judge to come back he would have to actually want to (the Court does not typically appoint retired judges to sit unless they are actually interested in doing so) and then the Supreme Court would have to put him on the case. It is a little more difficult now that there is already a new judge sitting on the case, though...usually if they are going to bring a retired judge back for a case it is to have a continuation of him or her presiding, not to replace a new judge that was assigned to the case.

Customer: replied 3 months ago.
the trial was on November 21, 2014 for protective orders and injunction in front of a Judicial District Court Judge. The presiding judge was retiring in December of 2014. The judge ordered the opposing clients lawyer to prepare the Judgment, send it to our lawyer, then get it to him (judge) no later than December 11, 2014 due to him retiring. He also stated that if the lawyers had a problem with the wording to call him (judge) and they would work it out.
The judgment was never prepared by the opposing clients lawyer and our lawyer tried contacting him numerous times but was unsuccessful. Our attorney did nothing about this until a family member was attacked by one of the opposing clients in December 2015. Our lawyer prepared the judgment, including the written transcript from the court reporter from the trial dated November 21, 2014. It was filed on December 23, 2015 and signed by the present judge on December 29, 2015, who at the time he signed the judgment, was in agreement with the previous judge's decision. Because of our lawyer not acting on this matter sooner, we felt the need to get a new lawyer.
We went to court on June 24, 2016 for contempt and the present judge didn't agree with the previous judge's order to (restrict one co-owner and not the other in reference to us living on co-owned property and not the opposing clients, who wanted to live on the same property, a pool house (cabana) in the same yard as us, and had moved in the same day our family member was attacked. Because that judgment was not prepared by the opposing client,s lawyer that was supposed to prepare it in a timely manner filed, and signed by the judge presiding while he was still in office, would there be an exception or would it be lawful for the present judge to contact him (previous judge) due to the opposing client's lawyer failing to carry out the judge's order.
The previous judge made that decision, because of the previous incidents that continuously occurred. In the written transcripts he states that if they (opposing clients) went their, they would certainly be doing that with the expectation of a confrontation, which would specifically be against the injunction.
They would have access to all other co-owned property except where we reside.
The present judge stated that he didn't have any knowledge of our case when he took office, and did not understand legally, why the judge made that desicion, so he felt the need to amend the judgment in their favor, allowing them to live in the co-owned property in the same yard.
Expert:  Hammer O'Justice replied 3 months ago.

The current judge should be able to pull the transcript or recording of the previous hearing to hear the court's reasoning as to the previous order, since it sounds like the judge probably made his findings orally on the record before asking for the judgment to be reduced to writing. If you want to request a reconsideration of the amended judgment, then you could always attach the original transcript to it so the new judge can understand the previous judge's decision. You may want to talk to your lawyer about the possibility of asking for reconsideration on this new judgment. You can't really bring the previous judge back, because the new judge does have authority to alter these types of orders, but it might help him understand why the previous ruling was given, particularly since that judge had the benefit of a full hearing whereas the new judge was not privy to that.

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