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STATE v. O'REILLY

Nos. 2000-KA-2864, 2000-KA-2865.

785 So.2d 768 (2001)

STATE of Louisiana v. Robert J. O'REILLY. State of Louisiana, v. Scott Brewster.

Supreme Court of Louisiana.

May 15, 2001.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Atty. Gen., Baton Rouge, Walter P. Reed, Dist. Atty., Covington, Patrick J. Berrigan, Slidell, Dorothy A. Pendergast, Matairie, for Applicants in Nos. 00-KA-2864 and 00-KA-2865.

John A. Hollister, Edward J. LeBlanc, for Respondent in No. 00-KA-2864.

Carol E. Parker, Hammond, for Respondent in No. 00-KA-2865.

KIMBALL, Justice.

At issue in this direct appeal is the constitutionality of that portion of La. R.S. 13:719 which authorizes the commissioner for the Twenty Second Judicial District Court to conduct trials, accept pleas, and impose sentences in misdemeanor cases. Because we find La. R.S. 13:719(E)(2)(e) authorizes the exercise of the adjudicatory power of the state by a non-elected official, we find it violates La. Const. art. V, §§ 1 and 22 and is therefore...

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