State of Louisiana Versus J.J.

STATE OF LOUISIANA NO. 24-K-375

VERSUS FIFTH CIRCUIT

J.J. COURT OF APPEAL

STATE OF LOUISIANA

August 21, 2024

Linda Wiseman
First Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE JEFFERSON PARISH JUVENILE COURT, PARISH OF
JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JENNIFER G. WOMBLE,
DIVISION "A", NUMBER 2022-JU-339

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

Relator, the State of Louisiana, seeks review of the Jefferson Parish Juvenile
Court’s July 13, 2024 ruling terminating J.J.’s active probation, over its objection,
without first serving a written motion for modification upon all parties at least
three days prior to a contradictory hearing, pursuant to La. C.Ch. art. 910.

On the showing made, the writ application is denied. According to the writ
application, J.J.’s probation appears to be the only order from the June 15, 2023
disposition still in effect at the time of the July 2024 review hearing. The juvenile
court “may terminate an order of disposition at any time while it is still in force.”
La. C.Ch. art. 909. Further, at the July 13 review hearing, the state did not dispute
any of the testimony offered by J.J.’s probation officer and custodian, or present
any argument or evidence to the court, other than the recommendation for J.J.’s
active probation to continue given at the end of the “Department of Juvenile
Services Review Summary” dated June 13, 2024, in support of its request.

Gretna, Louisiana, this 21st day of August, 2024.

MEJ
TSM

24-K-375

STATE OF LOUISIANA NO. 24-K-375

VERSUS FIFTH CIRCUIT

J.J. COURT OF APPEAL

STATE OF LOUISIANA

SCHLEGEL, J., DISSENTS WITH REASONS
I respectfully dissent. The Louisiana Children’s Code provides that a
motion to modify a disposition and grant an early termination of probation must be
in writing and served upon all parties at least three days prior to the hearing unless
waived by the parties. See La. Ch.C. art. 910. In this case, an early termination
was granted upon the oral motion of the juvenile without advance notice. Thus,
the procedure in Article 910 was not followed. Accordingly, I would grant the writ.

SUS

24-K-375

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 08/21/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-K-375
E-NOTIFIED
Juvenile Court (Clerk)
Honorable Jennifer G. Womble (DISTRICT JUDGE)
Thomas J. Butler (Relator) Brian A. Pena (Respondent)
Darren A. Allemand (Relator)

MAILED
R. Erich Cathey (Relator) Honorable Paul D. Connick, Jr. (Relator)
Assistant District Attorney District Attorney
200 Derbigny Street Twenty-Fourth Judicial District
Gretna, LA 70053 200 Derbigny Street
Gretna, LA 70053