Opinion
No. 2020-CK-01331
01-12-2021
STATE IN the INTEREST OF L.H.
Writ application denied.
Crichton, J., would grant and assigns reasons.
Crichton, J., would grant and assigns reasons:
I would grant the State's writ application. As I wrote in State of Louisiana in the Interest of A.P. , 2020-CK-1329, and State of Louisiana in the Interest of C.C. , 2020-CK-1330, the delay occasioned by the district court's recusal was not attributable to the State and was outside of the State's control. Accordingly, in my view, the recusal and corresponding venue issues created in the juvenile court of Orleans Parish constitute "good cause" for suspending the time lines set forth in Ch. C. art. 877. See State in the Interest of R.M. , 17-281 (La. 3/13/18), 239 So.3d 820 ("The delay occasioned by the necessity of determining R.M.'s competency is not attributable to the state, and ... is beyond the state's control). I would therefore reverse the court of appeal and reinstate the juvenile court's denial of the motion to dismiss.