GREATER NEW ORLEANS EXP. COM'N v. OLIVIER

No. 2004-CA-2147.

892 So.2d 570 (2005)

GREATER NEW ORLEANS EXPRESSWAY COMMISSION v. Honorable Rebecca M. OLIVIER, Judge, First Parish Court, Division "A" and Honorable George W. Giacobbe, Judge, First Parish Court, Division "B".

Supreme Court of Louisiana.

January 19, 2005.


Attorney(s) appearing for the Case

McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel, Thomas P. Anzelmo, Sr., Burgess E. McCranie, Jr., Kyle Paul Kirsch, Metairie, for applicant.

Stanley, Flanagan & Reuter, LLC, Richard Charles Stanley, Jennifer L. Thornton, William M. Ross, Donald H. Knecht, Jr., New Orleans, for respondent.


CALOGERO, Chief Justice.

This case presents the issue of whether Louisiana law permits a judge to refuse to perform a statutory duty that is ministerial in nature, presumably in order to precipitate a mandamus action in which the judge will have the opportunity to argue that the statute is not constitutional. We hold that a judicial officer, like any other public officer, lacks standing to raise the constitutionality of a statute as a defense in a mandamus action...

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