In today’s Sound Off Louisiana feature, founder Robert Burns explains his rationale for giving a “back-handed endorsement” to Jeff Landry to become the next Governor of Louisiana. Here’s the feature:
September 20, 2023: Sound Off Louisiana founder Robert Burns explains why he’s providing a “back-handed endorsement” of Jeff Landry to become Louisiana’s next Governor. CLICK HERE for the Republican Governor’s Association PAC attack ad against Democratic challenger Shawn Wilson.
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Carl Brown, husband of community activist Belinda Parker-Brown, asserting on September 7, 2023 that her organization, Louisiana United International, had seen, “its Constitutional Rights trampled upon by what just happened in there,” made it clear that they would be taking the matter up in Federal Court after 22nd JDC Judge William Burris banned Parker-Brown from his courtroom permanently and assessed a $1,000 fine for “constructive contempt of court” with that fine being payable within 30 days.
The hearing lasted two (2) hours during which numerous witnesses were called by Judge Burris. Several Public Defenders testified under oath that they’d admonished Parker-Brown that she’d been acting as an attorney with no license. That was the whole basis of Judge Burris’ Rule to Show Cause entailing alleged violations of LA CCrP Article 23:4 and 23:6.
Upon the conclusion of the hearing, Judge Burris ruled that Parker-Brown had in fact committed, “egregious violations of Sections four and six,” after which he imposed a fine of $1,000 and taxed Parker-Brown with all court costs associated with the hearing. Parker-Brown indicated to Judge Burris that she would be appealing, to which Judge Burris stated, “That’s fine. You can follow the proper process for launching an appeal.” Parker-Brown then informed the court reporter that she would, “need a transcript of the proceedings as fast as possible.”
After the hearing, Parker-Brown’s husband, Carl, made it abundantly clear that, “the fight is on” in emphasizing the fact that, hours before the hearing on September 7, 2023, Brown had filed this “Joint Notice of Removal to Federal Court. Let’s take a look at a 37-second video clip of Brown emphasizing that fact:
September 7, 2023: Carl Brown emphasizes that, “Now the fight is on. Now there’s a bigger dog (Federal Court) in the fight.”
The day after Brown made the authoritative declaration entailing, “a bigger dog (Federal Court) in the fight,” September 8, 2023, Parker-Brown filed this “suggestion of Contempt of Removal” into Federal Court essentially seeking to have 22nd JDC Judge William Burris appear in front of Federal Judge Lance M. Africk and state why he should not be sanctioned for an alleged “contempt” of Parker-Brown’s removal filing to Federal Court.
Section 1455(a) requires defendants “desiring to remove any criminal prosecution from a State court” to file a signed “notice of removal . . . containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.” Section 1455(b)(1) further provides that “a notice of removal of a criminal prosecution shall be filed not later than 30 days after the arraignment in State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time.”
Defendants’ notice of removal, which seeks to remove both the criminal case against Ratliff and the related contempt proceedings against Parker-Brown “as one single proceeding,”8 does not comply with § 1455(a)’s requirements. The notice does contain a statement of the grounds for removal; however, as stated, § 1455(a) also requires defendants seeking removal to file “a copy of all process, pleadings, and orders served upon” them, in addition to stating the grounds for removal.
However, defendants failed to file “a copy of all process, pleadings, and orders served upon” Ratliff in the criminal case they seek to remove. 28 U.S.C. § 1455(a). For example, they did not include a copy of the bill of information referenced in the “Case Summary.”18 This alone justifies summary remand to the state court.
Further, defendants’ notice of removal is untimely. As explained, absent good cause, “a notice of removal of a criminal prosecution shall be filed not later than 30 days after the arraignment in State court, or at any time before trial, whichever is earlier[.]” 28 U.S.C. § 1455(b)(1). Based on the Case Summary filed by defendants, Ratliff was arraigned on July 13, 2022.19 Accordingly, the notice of removal—which seeks to remove Ratliff’s criminal case as well as Parker-Brown’s more recent contempt proceedings “as one single proceeding”—is untimely and should be summarily remanded.20 In view of the Court’s disposition of this case, the hearing requested by defendants is unwarranted.21
Beyond the aforementioned grounds for summary remand, it is also clear that, contrary to defendants’ assertions, there is no statutory basis for removing this criminal case to federal court.
In conducting its analysis, the Court notes the “strong judicial policy against federal interference with state criminal proceedings.” Mesa v. California, 489 U.S. 121, 138 (1989) (citing Arizona v. Manypenny, 451 U.S. 232, 243 (1981)). The Court also recognizes that any doubts regarding whether removal jurisdiction is proper should be resolved against federal jurisdiction. Acuna v. Brown & Root, Inc., 200 F.3d 335, 339 (5th Cir. 2009).
Defendants argue that Parker-Brown qualifies for federal officer removal pursuant to § 1442. The notice of removal states that Parker-Brown is “‘Madam Chairman’ of a civil rights group, LUI/Louisiana United International,” which “has a long history of assisting victims of injustice[.]”23 It also states that she “has acted as agent and liaison between the downtrodden and the executive and judicial branches of the Federal Government in myriad manners, whether it is through facilitating legal representation, aiding in communicating with or otherwise collaborating with law enforcement for people who may be fearful or anxious concerning direct contact with ‘the man’, providing expungement clinics, or other activities.”24 The notice further states that Parker-Brown has engaged in “recent discussions with federal agents from the US DOJ Civil Rights Division program about Predatory Policing[.]”25 Accordingly, defendants argue, “Parker Brown is entitled to remove this case on account of her status as a worker who collaborates with Federal Agents—she is an unofficial agent for official agents and is thus entitled to the protection of removal to Federal Court under 28 U.S.C. § 1442.”26
Defendants do not appear to argue that Parker-Brown is herself a “federal officer.”27 Instead, they seem to claim that she is “acting under” federal officers. 28
U.S.C. § 1442(a)(1). The relevant question, then, is whether Parker-Brown is “being sued ‘based upon actions taken pursuant to federal direction.’” Ryan v. Dow Chemical Co., 781 F. Supp. 934, 945 (E.D.N.Y. 1992) (quoting Gulati v. Zuckerman, 723 F. Supp. 353, 358 (E.D. Pa. 1989)); see also Watson v. Philip Morris Cos., Inc., 551 U.S. 142 (2007) (explaining that “acting under” a federal officer “typically includes subjection, guidance, or control”).
Defendants have not shown that their actions were undertaken pursuant to any form of federal control, let alone the type of “direct and detailed control” courts have typically required in this context.
Importantly, “[t]he civil rights removal statute does not require and does not permit the judges of the federal courts to put their brethren of the state judiciary on trial.” Peacock, 384 U.S. at 828. Pursuant to § 1443(1), “the vindication of the defendant’s federal rights is left to the state courts except in the rare situations where it can be clearly predicted by reason of the operation of a pervasive and explicit state or federal law that those rights will inevitably be denied by the very act of bringing the defendant to trial in the state court.”
The Court concludes that defendants have not satisfied the requirements of 28 U.S.C. § 1455 and that no statutory basis exists for removal. Accordingly,
IT IS ORDERED that the above-captioned matter is summarily REMANDED to the 22nd Judicial District Court for the Parish of St. Tammany pursuant to 28 U.S.C. 1446(c).
In light of the Court’s disposition of this case, IT IS FURTHER ORDERED that defendants’ motion for an “Order to Show Cause to Judge William H. Burris why he should not be declared to have committed criminal contempt of one or more of the removal statutes”31 is DISMISSED AS MOOT.
New Orleans, Louisiana, September 18, 2023.
My dad was always fond of saying, “nothing ventured, nothing gained.” In this matter, it appears he would have to amend that old saying to, “plenty ventured, absolutely nothing gained.”
We’ll follow and report upon whether Parker-Brown may pursue an appeal to the First Circuit Court of Appeals or whether she may opt instead to cut her losses and focus on recruiting other “court watchers” to stand in her place. That would certainly appear to be by far the cheaper option even as frustrating as it may be for Parker-Brown to have to refrain from attending future Misdemeanor court hearings in 22nd JDC.
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Former Ascension Parish Sheriff Jeff Wiley, who is a candidate for House District 81 of the Louisiana House of Representatives.
Every time we think we may not have more to report on Ascension Parish Sheriff Candidate C. J. Matthews’ quest to become the parish’s next Sheriff in the October 14, 2023 election, something else pops up!
The next day, Saturday, September 16, 2023, Matthews was quick to demonstrate the sharp contrast between the actions of Gautreaux and those of former Sheriff Jeff Wiley, who is running for State Representative for House District 81 and incumbent Sheriff Bobby Webre, whom Matthews is challenging. Let’s take a look at Matthews outlining the sharp contrast:
September 16, 2023: Matthews contrasts the lightening-fast arrest by Gautreaux vs. the extents former Sheriff Jeff Wiley and current Sheriff Bobby Webre have gone to in order to cover up even worse actions by former Deputy Fred Corder.
A Republican candidate for Louisiana Attorney General and two St. Tammany Parish Republicans are blasting the state GOP for its endorsement of John Raymond, who faces criminal juvenile cruelty charges, in his bid to win the open 104th District seat in the House of Representatives.
John Stefanski, a Republican running for Attorney General, said the party should rescind its endorsement of Raymond, who has been charged with four felony counts of cruelty to children after complaints about how he disciplined children at a Christian school he founded in Slidell. Raymond has said he is innocent. The case is still pending in state court in St. Tammany Parish.
“Under no circumstance should anyone charged with criminal cruelty to children be in a position of leadership or authority, much less be supported and endorsed by a political party,” said Stefanski.
“I’ve been a Republican my entire adult life and this is not who we are or what we stand for. We defend the defenseless. We protect children. The Louisiana Republican Party has made a mistake and should rescind the endorsement.”
Louisiana Republican Party Chairman Louis Gurvich on Thursday confirmed the endorsement, but declined to comment further. Raymond sits on the St. Tammany Parish Republican Executive Committee and the State Central Committee’s credentials committee.
Stefanski is one of five candidates for state Attorney General, three of whom are Republicans.
Rep. Mark Wright, a Republican from Covington, joined Stefanski in criticizing the endorsement.
“It’s crazy,” he said, of the state Republican Executive Committee, which gives the state party’s imprimatur to candidates. “It just shows just how out of touch they are.”
Once again, here’s the table of documentation which we’ve provided entailing the Corder matter for this series:
Date (timeframe) of Document
Nature of Document
On or about February 19, 2018 through on or about March 2, 2018.
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