Opinion
2022 CW 0383
08-02-2022
DR. MICHAEL CRAMER, IN HIS OFFICIAL CAPACITY AS EAST FELICIANA PARISH CORONER v. THE EAST FELICIANA PARISH POLICE JURY
Dr. Michael Cramer, in his official capacity as East Feliciana Parish Coroner, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. 46153.
BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.
WRIT DENIED.
JMM
MRT
Chutz, J., dissents and would grant the writ. Dr. Michael Cramer, in his official capacity as East Feliciana Parish Coroner, filed a petition for writ of mandamus seeking an order directing the East Feliciana Parish Police Jury to pay expenses certified by him as "necessary or unavoidable" for the operation of the East Feliciana Parish Coroner's office. Pursuant to La. Code Civ. P. art. 3863, "[a] writ of mandamus may be directed to a public officer to compel the performance of a ministerial duty required by law[.]'' La. Code Civ. P. art. 2592(6) specifically provides that mandamus shall be tried as a summary proceeding. La. R.S. 13:5706(B) (1) imposes a mandatory duty on a parish to pay the "necessary or unavoidable expenses" that are "incident to the operation and functioning of the coroner's office[.]" See Carriere v. St. Landry Parish Police Jury, 97-1914 (La. 3/4/98), 707 So.2d 979, 985; Perron v. Evangeline Parish Police Jury, 2001-0603 (La. 10/16/01), 798 So.2d 67, 71. Therefore, I find that Dr. Cramer properly sought a writ of mandamus. Accordingly, I would reverse the trial court's March 25, 2002 judgment granting the dilatory exception of unauthorized use of a summary proceeding filed by Louis Kent, President of the East Feliciana Parish Police Jury, and converting this matter from a summary proceeding to an ordinary proceeding, and would deny the exception of unauthorized use of a summary proceeding.