The Recreation and Park Commission for the Parish of East Baton Rouge v. Sid J. Gautreaux, III, in his capacity as Sheriff of East Baton Rouge Parish

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

THE RECREATION AND PARK NO. 2023 CW 0220
COMMISSION FOR THE PARISH OF
EAST BATON ROUGE

VERSUS

SID J. GAUTREAUX, III, IN JUNE 20, 2023
HIS CAPACITY AS SHERIFF OF
EAST BATON ROUGE PARISH

In Re: Sheriff Sid J. Gautreaux, IIi, in his capacity as

Sheriff of East Baton Rouge Parish and as Ex Officio
Collector of East Baton Rouge Parish Ad Valorem Taxes,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 725439.

BEFORE: GUIDRYI C. J., MCCLENDON AND WELCH, JJ.

WRIT GRANTED WITH ORDER. The trial 6,
court' s February
2023 judgment denying the motion to recuse Judge Johnson filed
by Sid J. Gautreaux, III, In His Capacity As Sheriff Of East
Baton Rouge Parish ( Sheriff) is vacated. Pursuant to La. Code
Civ. P. art. 154( B), if a motion to recuse sets forth a ground

for recusal under Article 151, the judge shall either recuse

himself or make a written request to the Louisiana Supreme Court
for the appointment of an ad hoc judge. The Sheriff' s motion

set forth grounds of recusal under La. Cade Civ. P. art. 151( B),

asserting a substantial and objective basis for recusal based on
Judge Johnson' s previous service as a board member on the
defendant' s board. This matter is remanded to the trial court

with instructions to make a written request to the Louisiana
Supreme Court pursuant to La. Code Civ. P. art. 154( B) for the
appointment of an ad hoc judge to hear the motion to recuse.

JMG
PMC
JEW

COURT OF APPEAL, FIRST CIRCUIT

N/)
LJ i'
D U Y CLERK OF COURT
FOR THE COURT