State in the Interest of J.R.B.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

JAK 08-1428 consolidated with JAK 08-1429, JAK 08-1430, KA 08-1431, KA
08-1432, KA 08-1433, KA 08-1434

STATE IN THE INTEREST OF

J.R.B.

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APPEAL FROM THE
TWENTY-EIGHTH JUDICIAL DISTRICT COURT
PARISH OF LASALLE, NO. J-3855, J-3856,
J-3868, 82014, 82015, 82016, AND 82017
HONORABLE THOMAS MARTIN YEAGER, DISTRICT JUDGE

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SHANNON J. GREMILLION
JUDGE

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Court composed of Sylvia R. Cooks, J. David Painter, and Shannon J. Gremillion,
Judges.

APPEALS DISMISSED.

Hon. J. Reed Walters
District Attorney - 28th JDC
P. O. Box 1940
Jena, LA 71342
(318) 992-8282
Counsel for Plaintiff/Appellant:
State of Louisiana

David Jeffrey Utter
Southern Poverty Law Center
400 Washington Ave.
Montgomery, AL 36104
(334) 956-8200
Counsel for Defendant/Appellee:
J.R.B.

Henry Clay Walker
Louisiana Public Defender Bd.
500 Laurel Street, Suite 530
Baton Rouge, LA 70801
(225) 229-9305
Counsel for Defendant/Appellee:
J.R.B.

Stanley Joseph Adelman
DLA Piper US LLP
203 North LaSalle, Suite 1900
Chicago,, IL 60601
(312) 368-4000
Counsel for Defendant/Appellee:
J.R.B.

Johnathan David King
DLA Piper US LLP
203 North LaSalle Suite 1900
Chicago,, IL 60601
(312) 638-7095
Counsel for Defendant/Appellee:
J.R.B.

GREMILLION, Judge.

The State of Louisiana has filed seven applications for appellate review of a

ruling on five Defendants’ motions to recuse the Honorable J.P. Mauffray, Jr. from

presiding over their trials. The five Defendants are those individuals otherwise

known as the “Jena Six.”

One of the Defendants in this case is a juvenile, J.R.B.1 Besides the charges

that came out of the “Jena Six” incident, aggravated second degree battery and

conspiracy to commit second degree battery, lower court docket number J-3868, the

juvenile has two additional matters pending before the trial court, docket numbers J-

3855 and J-3856. The juvenile had been adjudicated in these latter two docket

numbers and is now looking at a probation revocation proceeding. Accordingly, the

State has filed three appeals in his case: JAK08-1428, JAK08-1429, and JAK08-

1430. The remaining four Defendants are adults: Robert Bailey, KA08-1431, Carwin

Jones, KA08-1432, Bryant Ray Purvis, KA08-1433, and Theodore Shaw, KA08-

1434. The two charges pending in the adult Defendants’ cases are the same as the

juvenile’s and came out of the same “Jena Six” incident.

All five Defendants filed motions to recuse Judge Mauffray. The Honorable

Thomas Yeager was appointed ad hoc judge by the supreme court to hear the

motions. For the purpose of the motions, one hearing was held on May 30, 2008.

Following testimony, Judge Yeager took the matter under advisement and, on July

31, 2008, granted the motions. The State now appeals Judge Yeager’s ruling,

asserting that the judge erred in the standard used in determining there was sufficient

grounds for a recusal.

1
Pursuant to Uniform Rules—Courts of Appeal, Rule 5-2, we use initials to protect the
identity of the juvenile.

1

Because this matter is moot, we will dismiss these appeals without reaching

their substance. There are only two facts relevant to our ruling.

First, LaSalle Parish has elected a new judge. This court takes judicial notice

of the Louisiana Secretary of State’s “Elected Official Database.” State v Carpenter,

00-436 (La.App. 3 Cir. 10/18/2000), 772 So.2d 200 and La.Code Evid. art. 201. That

publication indicates that: 1) Judge J.P. Mauffray, Jr.’s term of office ended on

December 31, 2008; 2) The current judge for Louisiana’s 28th Judicial District is the

Honorable J. Christopher Peters; and, 3) Judge Peters’ term of office ends on

December 31, 2014.

Second, the “Jena Six” have a new judge. On August 4, 2008, following Judge

Yeager’s grant of Defendants’ motions to recuse Judge Mauffray, the Louisiana

Supreme Court signed an order, as follows:

Judge Thomas M. Yeager, Division “B”, Ninth Judicial District
Court, Parish of Rapides, be and he is hereby assigned as judge ad hoc
of the Twenty-Eighth Judicial District Court, Parish of LaSalle, for the
purpose of hearing and disposing of the matters entitled “State of
Louisiana vs. Theodore R. Shaw” No. 82,017; “State of Louisiana vs.
Robert Bailey,” No. 82,014; “State of Louisiana vs. Carwin Jones,” No.
82,015; “State of Louisiana vs. Bryant Ray Purvis, No. 82,016; and
“State of Louisiana In the Interest of [J.R.B],” No. J-3855, 3856, and
3868 on the docket of said court, subject to the completion of any
unfinished business.

Based on the current circumstances, Judge Mauffray will no longer preside over

any matter related to the “Jena Six.”2 Thus, this court’s ruling on whether Judge

Mauffray should have been recused is moot. Accordingly, we dismiss these seven

2
Defendants point out that Judge Mauffray has suggested the possibility that he could be
appointed ad hoc to complete all matters related to the “Jena Six.” However, based on the current
and standing order issued by the supreme court, Judge Yeager is the ad hoc judge. If the supreme
court later rescinds its appointment of Judge Yeager, Judge Peters will have jurisdiction unless and
until he recuses himself or is recused. The possibility of an ad hoc appointment for Judge Mauffray
is mere speculation that this court will not consider.

2

appeals.

APPEALS DISMISSED.

3