Opinion
NO. 2017 CW 0496
04-13-2017
STATE IN THE INTEREST OF T.W.
In Re: J.W., applying for supervisory writs, Juvenile Court, Parish of East Baton Rouge, No. 12075. BEFORE: PETTIGREW, McDONALD AND PENZATO, JJ.
STAY DENIED. WRIT GRANTED. The March 14, 2016 judgment of the juvenile court, denying relator's Petition to Appoint Ad Hoc Judge, pursuant to La. District Court Rule 42.0 and Appendix 42.0, is reversed. The court is instructed to request the Louisiana Supreme Court to appoint a judge, other than either of the judges of Division A and Division B of the Juvenile Court, to preside over proceedings to terminate parental rights regarding the minor child, T.W. There is nothing in the current provisions of the Louisiana Juvenile Court Rules or Appendices that reflects the East Baton Rouge Juvenile Court adopted the alleged rule - that termination of parental rights proceedings are allotted to Division A - on which the Motion to Appoint Ad Hoc Judge was denied. Louisiana Juvenile Court Rules, Rule 42, Appendix 42 currently provides, "Termination of Parental Rights cases in East Baton Rouge will be allotted and heard by a Judge other than the one who is allotted and has heard any previous case regarding the child or children at issue." Amendments to Louisiana juvenile court rules and appendices must be properly adopted and promulgated in accordance with La. Ch. C. art. 401 and Louisiana District Courts Rules, Rule 1.3. See Brumfield v. Brumfield, 178 So.2d 379 (La. App. 1st Cir. 1965). The matter is remanded for proceedings consistent with this action.
JTP
JMM
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT