Sound Off Louisiana

Louisiana Attorney General Jeff Landry as he visits with President Donald Trump.

Subscribers will recall from a recent feature we published that the attorney representing contractor Billy Broussard, Robin Sylvester, cited as a key reason for withdrawing from representing Broussard her expression of reluctance to go up against Kelly Fontenot, who is the Business Compliance and Fraud Analyst at the Calcasieu Parish Police Jury (though Fontenot describes her position as “layman’s terms ‘internal auditor'”); Rusty Stutes, who serves as legal counsel for Gravity Drainage District 8 of Ward 1 of Calcasieu Parish; and “crooked judges” serving in 14th JDC (presumably to include Judge David Ritchie since he is the specific judge that would have heard Sylvester’s arguments on Broussard’s behalf).  In fact, let’s take just 30 seconds to hear Sylvester state her sentiments on the matter as she angrily withdrew as Broussard’s counsel:

  30-second audio clip of Sylvester, on October 4, 2018, angrily withdrawing from Broussard’s litigation and citing key factors of why she’s doing so.

Broussard contends that he managed to obtain very damning documents which he asserts were withheld from his attorneys (Sylvester and Attorney General Jeff Landry, back when Landry was a private citizen practicing law) during his original case’s discovery phase.  Upon him obtaining them, he visited with Sylvester, and Broussard has indicated that she was impressed enough to enter into a contingency contract to file a brand new cause of action which Broussard and Sylvester executed on April 4, 2017.

As we indicated in our most-recent post on Broussard, he asserts that Sylvester repeatedly emphasized the importance of the date October 5, 2017 as being the deadline for Broussard to file the litigation to avoid prescription problems (statute of limitations in other states).  We asked Broussard if he could provide any documentation to substantiate Sylvester’s fixation on that date, and he provided us with the following document to fulfill our request of him:

As is obvious from the preceding document, Sylvester has clearly identified Friday, October 6, 2017 as the deadline for filing litigation for Broussard and cites the fact that the October 6, 2017 date represents “one year from the date that Danielle Aymond from GOHSEP told Billy that she had an additional disk not produced by Ben Plia.”  Plia served as Executive Counsel with GOHSEP at the time.  Broussard further provided us with a draft of a lawsuit Sylvester created seeking to sue GOHSEP entailing what all transpired regarding Broussard.

As we also referenced in our most-recent post on Broussard, he became concerned by Sylvester’s new-found timidity regarding suing GOHSEP and, as a result, retained the services of William Most to work in coordination with Sylvester, who had filed a motion to vacate the restraining order under which Broussard was placed prohibiting him from making further public records requests of the Drainage District or the Police Jury.

Broussard asserts that he made it clear to both attorneys what their roles were to be, and he sought for Most to be the “bulldog” attorney (given Sylvester’s new-found timidity) to sue to recover damages, and Sylvester’s role would be strictly to continue forward with having the restraining order lifted.  Nevertheless, as is obvious from the feature above, Sylvester, whom Broussard states that Most indicated had permitted his claim to prescribe, described all of Billy’s actions of prodding her to be more agressive as “bull s—” and proceeded to file a Motion seeking to substitute Most for ALL litigation, including the restraining order.  Broussard has indicated he protested Sylvester’s withdrawing from the entirety of litigation entailing him, but Sylvester nevertheless told him, “I quit.”

Most, whom Broussard indicated he was not happy with regarding signing the preceding linked motion, then represented to Broussard that, with him (Most) living in New Orleans, significant additional expense would be involved toward the litigation Sylvester initiated to have Broussard’s restraining order lifted.

None of these events went over well with Broussard, and accordingly, via a certified letter dated February 18, 2019, he demanded for Sylvester to provide the name and policy number of her malpractice insurance provider.  Broussard provided us with a copy of his letter, and it follows:

Broussard also sent a similar letter to the law firm of Galloway, Johnson et. al. for what he has indicated to us are his concerns regarding Judge Ritchie having stated that Attorney General Jeff Landry, while serving as a private-practice attorney with Galloway, Johnson, et. al. “filed an illegal lien” in an effort to collect money Landry represented to the Court that Broussard was owed.  Here’s that letter:

As the above letter makes clear, Broussard indicates that he visited the office of Galloway, Johnson, et. al. on Friday, December 14, 2018 “to seek your malpractice insurance policy carrier and policy number.”  Broussard has provided us with a copy of a recording of his meeting on December 14, 2018, and we believe it to contain some of the most intriguing dialogue we’ve ever presented on Sound Off Louisiana.  Broussard met with Ms. Jennifer Barnes, whom he has described to us as “about the nicest person you could ever hope to meet in your life.”  Their dialogue was very intriguing and, since less than 30 seconds into the audio, Broussard said that he “feels like Trump” in that “like Trump, I hired an attorney like Trump hired (Michael) Cohen..,” we figured we’d provide as a still photo for the audio, Attorney General Jeff Landry, whom Broussard repeatedly references in the dialogue, leaning over to state something to President Trump.  Here’s 20 minutes of the intriguing dialogue between Ms. Barnes and Broussard (we think you’ll find it WELL worth the listen!!):

Excerpts of dialogue between Galloway, Johnson associate Jennifer Barnes and contractor Billy Broussard of Friday, December 14, 2018.

Both letters provide a deadline of Thursday, March 7, 2019 at noon for providing the information.  Broussard indicates neither responded to his letter by today’s deadline.  We’ll report on whatever course(s) of action Broussard may pursue as his letter concludes “that I deem appropriate.”

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Pelican Institute Executive Officer Daniel Erspamer

Daniel Erspamer, who is the Executive Officer of The Pelican Institute, which is a Louisiana-based think tank promoting free market solutions to meet Louisiana citizens’ wants and desires, was the guest speaker at the Baton Rouge Press Club on Monday, March 4, 2019.  Let’s drill down and examine a few things he had to say.

Erspamer devoted a significant portion of his presentation to outlining Louisiana’s onerous occupational licensing requirements for many professions which are not licensed in other states across the U. S.  Here’s what he had to say in that regard:

Erspamer on Louisiana’s onerous occupational licensing requirements.

Erspamer was pressed by Louisiana Public Broadcasting’s President and CEO Beth Courtney to supply three occupations in Louisiana for which he asserts licensing should be eliminated.  Erspamer had no trouble whatsoever responding, and he even provided a little lagniappe by providing a fourth.  Here’s Courtney’s question and his response:

 
Erspamer provides Courney with four occupations in Louisiana for which he believes licensure should be eliminated, and he references these four as the “easy ones” to identify.

In his opening commentary, Erspamer emphasized the need for overall budgetary and tax reform in Louisiana.  To that end, he stated that as many exemptions, credits, etc., that exist in Louisiana’s present tax structure as possible need to be eliminated and the rates of taxation reduced to provide a much fairer taxation system in Louisiana.  That commentary fed the narrative for his response to a question on Louisiana’s Industrial Tax Exemption Program (ITEP), video for which follows:

Erspamer responds to reporter’s question on Louisiana’s ITEP.

Erspamer also provided the Institute’s rationale for opposing any increase in Louisiana’s state-level gasoline tax, and he provided the Institute’s assessment of a better approach for highway road and bridge construction and repair funding:

Erspamer on increased gas taxes and alternative means of financing highway road and bridge construction and repair.

Erspamer indicated that he sees very little potential for any initiative  of much consequence to pass during the Louisiana Legislature’s 2019 Session, after which he responded to a question by Sound Off Louisiana founder Robert Burns entailing whether he shares the recent enthusiasm of LABI President Stephen Waguespack regarding the large number of new faces which will appear in the Legislature in 2020 as a result of term limits and whether obtaining those new faces which may be favorable to the Institute’s causes may also be offset by the re-election of Gov. John Bel Edwards:

Erspamer provides his thoughts on the Louisiana Legislature’s makeup for 2020 and beyond.

To view Ersmaper’s presentation in its entirety, CLICK HERE.

 If you would like to be added to our Sound Off Louisiana email list to be notified of future posts, simply go to our home page and scroll to the bottom (mobile devices) or to the top of the right-hand column (desktops).  Supply your email address within the subscribe box.  You’ll then receive an automated email from Word Press, and all you have to do is click on the blue “confirm follow” bar contained within that email, and you’ll begin receiving great posts such as the preceding one above.

St. Tammany Parish Council Chief Administrative Officer Kelly Rabalais.

Earlier this month, we provided subscribers with our take on the impending election to fill the Fifth District seat on the Louisiana State Bar Association.  In today’s segment, Sound Off Louisiana founder Robert Burns provides his take on the election’s results:

Burns provides assessment of the results of the 5th District seat on the Louisiana State Bar Association election between Kelly Rabalais and Jack Whitehead.  CLICK HERE for the election’s results as well as plethora of litigation pertaining to St. Tammany Parish controversies that have resulted in absolutely staggering legal costs for the Parish’s government.

In the video above, Burns explains why, by his own admission, he gets so worked up over the nature of the litigation entailing St. Tammany Parish Government (i.e. access to public records).  In doing so, Burns references his own extensive litigation history with the Louisiana Auctioneer Licensing Board (LALB) which has always entailed access to public records and/or alleged violations of Louisiana’s open meetings laws.

Burns also explains why he feels the election of Rabalais will further erode the already-anemic confidence Louisiana folk have in the legal profession in the state.

In so doing, Burns references a complaint he filed with the Louisiana Office of Disciplinary Counsel (ODC) against convicted felon Larry S. Bankston.  Burns had expressed his concerns to three (3) LALB members about the agency’s Executive Director, Sandy Edmonds, routinely engaging in payroll fraud.  Edmonds would routinely engage in acts such as 1) relaxing on a beach in Orange Beach, Alabama; 2) visiting Disneyworld with the family for a week; 3) visiting relatives in Oklahoma; 4) going sightseeing in New York, and for all such leisure activities for which Edmonds was not even in the state of Louisiana nor making any pretense of working, she would report being “on the clock” with the LALB.

Burns indicated to the ODC that Bankston acted unethically when, upon those three LALB members supplying Bankston with Burns’ email of concern, Bankston opted to convene an Administrative Hearing against Burns rather than insist the members of the LALB take corrective action regarding the payroll fraud!  The ODC’s response?  In a letter dated January 27, 2014 signed by Eric McClendon, Deputy Disciplinary Counsel at the ODC, McClendon indicated that the ODC would be taking no action!  McClendon’s letter prompted this VERY terse letter back to McClendon from Burns the very next day, January 28, 2014.

In the above video, Burns references the LALB, via Bankston, having filed a “Writ of Attachment” against Burns.  That whole episode is provided below:

LALB and its attorney, Larry S. Bankston, endure utterly embarrassing defeat in 19th JDC on July 22, 2013 entailing ill-advised pursuit of Writ of Attachment against LAPA Vice President Robert Burns.  Video above contains excerpts of LALB meetings of 3/26/13 & 5/20/13, both of which entailed Administrative Hearings on notoriously-problematic auctioneer Ken Buhler.  

Oral arguments were before Judge Todd Hernandez on July 22, 2013, and he issued this ruling DENYING the LALB’s Writ on August 28, 2013.  Judge Hernandez supplied a one-sentence explanation:  “the subpoena at issue has now been served.”  The Board and Mr. Bankston were well-aware the subpoena had been served and, in fact, they filed the Petition for Writ six (6) days AFTER it was served!!!!  You read correctly!  They filed the Writ SIX (6) days AFTER the subpoena was served (subpoena served 5/7/13 and Petition for Writ filed 5/13/13)!!

 So, at the end of the day, the LALB flushes YET ANOTHER approximate $2,100 on more legal fees in its ongoing relentless and fruitless pursuit of LAPA Vice President Robert Burns.

How easy was it for Burns to defeat the LALB’s Petition for Writ?  It took Burns a mere 25 minutes to draft this 3-Page Opposition Memorandum.   Meanwhile, as evidenced by the above “flush” link, Mr. Bankston and his associate, Jenna Linn, billed the LALB for an astounding 16.2 hours to pursue the Writ!!!. 

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There are at least some attorneys who strive to instill some level of ethics within the profession.  One such gentleman is Mr. Richard E. Gerard, Jr., who issued this STRONG dissent against Bankston being reinstated to the practice of law in Louisiana.

Unfortunately, the profession seems to be heavily dominated by attorneys demonstrating that their ethics are suspect as evidenced by Ms. Rabalais’ handling of public records requests entailing St. Tammany Parish Government.  Accordingly, her election to the Fifth District seat on the Louisiana State Bar Association provides yet more ammunition for the sentiments that Gerard expresses in his dissenting opinion just linked.  Specifically, just like Bankston being readmitted to the practice of law, we believe that, in electing Ms. Rabalais to the position she will now hold for three years, attorneys eligible to vote in that Fifth District seat have “sent the wrong message” to the citizens of Louisiana.

If you would like to be added to our Sound Off Louisiana email list to be notified of future posts, simply go to our home page and scroll to the bottom (mobile devices) or to the top of the right-hand column (desktops).  Supply your email address within the subscribe box.  You’ll then receive an automated email from Word Press, and all you have to do is click on the blue “confirm follow” bar contained within that email, and you’ll begin receiving great posts such as the preceding one above.