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Supreme Court of Louisiana
FOR IMMEDIATE NEWS RELEASE FROM: CLERK OF SUPREME COURT OF LOUISIANA NEWS RELEASE #006

The Opinions handed down on the 29th day of January, 2013, are as follows: PER CURIAM:

2012-C -1177

DIONYSIA PREJEAN v. ROBERT T. BAROUSSE, ACADIA PARISH CLERK OF COURT (Parish of Acadia) For the reasons assigned, the judgment of the court of appeal is affirmed. It is ordered, adjudged, and decreed that La. R.S. 13:4210 is unconstitutional and without effect.

01/29/13

SUPREME COURT OF LOUISIANA No. 2012-C-1177 DIONYSIA PREJEAN VERSUS ROBERT T. BAROUSSE, ACADIA PARISH CLERK OF COURT ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF ACADIA

PER CURIAM The issue presented in this case is whether La. R.S. 13:4210, which states that a judge shall forfeit one quarter's salary for failing to issue a judgment within thirty days of the close of trial, is constitutional. For the reasons that follow, we find La. R.S. 13:4210 is unconstitutional on its face.

FACTS AND PROCEDURAL HISTORY Dionysia Prejean is a party to a child custody proceeding captioned Dionysia F. Huval Prejean v. Ronald Joseph Prejean, which is pending in the 15th Judicial District Court. The last day of trial in the Prejean proceeding was March 18, 2011, at which time the district judge took the matter under advisement. When the district judge court did not render judgment within thirty days, as required by La. R.S. 13:4207,1 Ms. Prejean filed writ of mandamus against the Acadia
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La. R.S. 13:4207 provides: If oral reasons for judgment are not rendered in open court and the matter taken under advisement, the district judges and judges of the city courts shall render a written judgment within thirty days from the time the cases are submitted for their decision. All motions or applications for a new trial and all orders of appeal shall be passed upon by judges of the city court within three days from the time such motions or applications for (continued...)

Parish Clerk of Court, Robert Barousse, seeking an order requiring him to immediately notify the legislative auditor that the district judge failed to render a decision within the time prescribed by La. R.S. 13:4207, as required by La. R.S. 13:4210.2 In addition, the writ of mandamus sought an order against the state auditor to withhold one quarter's salary from the district judge, as required by La. R.S. 13:4210. The district court denied the writ of mandamus. Ms. Prejean sought an appeal from this ruling. On appeal, the court of appeal affirmed. Prejean v. Barousse, 11-1368 (La. App. 3 Cir. 3/7/12), 90 So. 3d 477. On its own motion, the court of appeal raised the issue of the constitutionality of La. R.S. 13:4210, and determined the statute unconstitutional on its face because the legislature lacks the authority to regulate judicial conduct, pursuant to La. Const. Art. V,

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