Second Circuit Court of Appeals Judge Jeanette Garett recently announced her plans to retire from the bench on Jan. 6, 2022.
The Louisiana Supreme Court, acting through Shreveport's Justice Scott Crichton, has appointed Caddo district Judge Brady O'Callaghan to fill Garrett's seat.
The appointment of O'Callaghan as appellate judge ad hoc is from Jan. 7, 2002 through May 31, 2022, or until the vacancy is filled.
Caddo Judge Craig Marcotte and Caddo Judge Erin Leigh Waddell have announced they will run for this vacant seat in the Mar. 25, 2022 election.
O'Callaghan will not be able to run for the open seat in this election.
In the past, retired judges have been appointed to fill local judicial vacancies, both on the district and appellate benches.
The appointment of O'Callaghan raised the eye brows of many local barristers who questioned the propriety of the appointment due to Crichton's close affiliation with O'Callaghan along with the appearance of prohibited dual office holding. Additionally it is well known that O'Callaghan has aspirations of moving up to a higher judicial court and the appointment would, in effect, pad his resume.
A Supreme Court spokesperson advised that district judges have been previously appointed by the Supreme Court to appellate courts. O'Callaghan will continue to handle his district court docket as well as cased assigned to him at the Second Circuit. He will self-recuse from any case decided by a current First Judicial Court judge during this appointment.
O'Callaghan will not receive any additional compensation for his appellate appointment which will save an estimated $50,000 for the court.
Despite the spokesman's explanation, the appointment still reeks of local cronyism in the minds of most attorneys. Justice Crichton has always taken a hard line on attorney ethical conduct and his appointment is certainly counter to his reputation of playing by the straight and narrow.