Baton Rouge judge temporarily blocks elimination of New Orleans judgeships
Jul 16, 2026
KEY TAKEAWAYS:
Judge Tarvald Smith of the 19th Judicial District Court granted a preliminary injunction pausing Act 748, which eliminated three Orleans Parish Criminal District Court judgeships.
The ruling gives Judges John Fuller, Simone Levine and Rhonda Goode-Douglas the chance to run
for reelection during the Aug. 5-7 qualifying period.
Fuller’s lawsuit argues the judgeships, as elected offices, could only be eliminated through a constitutional amendment requiring a two-thirds legislative vote and public vote — not a simple majority statute.
Attorney General Liz Murrill says she will immediately appeal the injunction, seeking priority review given the looming election qualifying deadlines.
A Baton Rouge judge has temporarily blocked a new state law that would’ve eliminated three Orleans Parish Criminal District Court judgeships.
Judge Tarvald Smith of the 19th Judicial District Court in East Baton Rouge Parish granted a preliminary injunction Tuesday that pauses Act 748 of the 2026 legislative session, according to court records.
Smith’s ruling offers a temporary reprieve for Judges John Fuller, Simone Levine and Rhonda Goode-Douglas who are slated to lose their seats. It leaves open the possibility that they could run for election in those districts again. The period to sign up to be a candidate in judicial races is Aug. 5-7.
Act 748 arose from a bill sponsored by Sen. Jay Morris, R-Monroe, slashing the number of Orleans Parish criminal court judges from 12 to 9. The new law also eliminated four other judgeships from the city’s juvenile and municipal and traffic courts.
Fuller, one of the jurists on track to lose his seat, filed suit against the state, challenging the constitutionality of the statute.
In his lawsuit, Fuller argued that a constitutional amendment was needed to eliminate the judgeships, which are elected offices. The Legislature got rid of them through passage of a regular statute, which has a significantly easier threshold to meet.
A constitutional amendment, the standard Fuller believes should have been used, requires two-thirds majority of each chamber of the Legislature to pass and a vote of the public. A regular statute only requires a simple majority of the House and Senate.
“Today’s ruling is a victory for the rule of law, not for any particular judge,” Fuller’s attorney, Jerome Matthews Jr. said when reached by phone Wednesday. “The Louisiana Constitution required a two-thirds vote to eliminate these judgeships, and the Legislature did not obtain it.”
Absent a ruling from a higher court, the injunction is set to remain in place until a final ruling is issued in the case, according to Matthews. The case is still in its early stages, so Matthews couldn’t say when that might be, but he said he expects it to stand through the qualifying period unless the Louisiana Supreme Court intervenes.
Louisiana Attorney General Liz Murrill issued a statement Tuesday saying she plans to file an immediate appeal.
“The law is clear that a preliminary injunction blocking implementation of a state law is not legally proper,” Murrill said. “We will file an appeal immediately, which suspends the judgment. As this matter impacts elections and qualifying deadlines, we will seek priority review to get this matter resolved quickly.”
...read more
read less