Answers to Questions Posed by League of Women Voters

QUESTION 1

1. Does any method of judicial selection ensure an independent judiciary? Why or why not?

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DIVISION B

A. J. HAND :

I believe an elected judiciary ensures the most independent judiciary. I believe this is so because an appointed judiciary is more subject to influence to those currently in power politically unless the appointment is a lifetime appointment.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

The hybrid method of judicial selection comes closest to ensuring an independent judiciary. The hybrid method blends merit selection, the political process, and the democratic process, since educators, retired judges, lawyers, legislators, and executives are involved under this method of selection in which the electorate is afforded the opportunity to remove the appointed judge.

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DIVISION C

WARREN MONTGOMERY:

No single method guarantees an independent judiciary. Political appointments require the nomination and confirmation of politicians, and elections require financing of political campaigns, greatly influenced by legal contributors. Thus, both methods have elements that tend to compromise judicial independence.

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ED RAPIER, JR. :

No, I do not believe any single method of judicial selection ensures an independent judiciary. Of the two basic methods, election and appointment, election gives the greatest opportunity for public participation in the process. Both methods inject a level of politics into the selection of the judicial candidate + whether one must appeal to the voters or appeal to the selection committee. In the end, an individual judge's independence is determined more by his character and moral convictions than by the selection process.

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RICK SWARTZ:

No. An independent judiciary is only ensured by electing or appointing candidates who are honest and impartial.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

The current method of electing judges with the safeguards imposed by the Canons of Judicial Ethics can ensure an independent judiciary.

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STEVE YAZBECK :

Election is still the best method , if , and only if , the electorate take the time to truly investigate the candidates . Only appointment for life would ensure complete independence .

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QUESTION 2

2. Is it realistically possible for a judicial candidate in this jurisdiction to be elected without the support, including financial support, of area lawyers and law firms? If so, please explain how. If not, then what method do you propose to limit the influence of lawyers and law firms' political contributions upon judicial decision-making post-election?

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DIVISION B

A. J. HAND :

Under the current system I do not believe it is possible for a judicial candidate to be elected without the support of the area lawyers and law firms. In order to limit the influence of area lawyers and law firms, I would propose more stringent financial limitations on donations made to judicial candidates.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

Yes. The collective intelligence and will of the people are greater than politicians and their lawyer friends are aware. People are astutely aware of the connection between politics, wealth, and the judicial process. A judicial candidate who the people know and respect and whose educational, experience and qualifications glaringly outweigh those of an opponent with huge financial resources, can organize a grassroots campaign and win a majority of the vote. People want integrity in the judicial system. They want to know that the person sitting in judgment of their affairs is honest and independent. Given the choice between a more qualified and independent candidate with one who is politically and financially connected, the electorate will choose the qualified and independent. Otherwise, the integrity of the system is given over to compromise, and ultimately tyranny.

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DIVISION C

WARREN MONTGOMERY:

I don't know if someone could, or necessarily should, be elected without the support of some part of the legal community. Attorneys have a valuable role to play in the selection of judicial candidates. The greatest problem arises from the monetary influence by the legal community on judicial races. It would be helpful to minimize the financial contribution of lawyers, but that can also be accomplished by greater interest and involvement by the non legal community. The most important steps may be to reduce the direct fundraising by judicial candidates from legal practicioners and simultaneously increase non legal involvement through educational actions and activities such as your forums.

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ED RAPIER, JR. :

It is not possible for a candidate to be elected to judgeship without the support, including financial, of individuals; whether those individuals are lawyers and/or law firms or others. The reason for this is that campaigns cost money. If one starts with that premise, then there are only three options available to a candidate. First, a candidate is limited to using his or her own monies; second, a candidate must enlist support, including financial support, from friends, colleagues, clients and others; or candidates are given a set amount of public money and are not allowed to spend more than that amount.

If the candidates were limited to using their own money, then only the very wealthy could afford to run for judicial office; thereby excluding a large pool of qualified candidates. It is doubtful that a pool of public money can or would be made available for the use by judicial candidates. That leaves the judicial candidate with having to enlist the support of others.

Currently, Canon 7 of the Code of Judicial Ethics requires that any candidate for judicial office form a committee to solicit financial support. This is an effort to remove the "influence" of campaign contributions.

The question then becomes what influence, if any does a contribution to a judicial candidate's campaign fund have? The answer should be none. The solution to this is to make the campaign contribution list available so that the parties can decide if they want to request a recusal.

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RICK SWARTZ:

I believe the public support of lawyers and law firms is important to a candidate because they are the parties who are most knowledgeable about the experience and reputation of the candidates. It is possible to be elected without that support, but not likely. Judges do not solicit campaign contributions. The maximum contribution is $2,500.00 and very few lawyers contribute that amount. I do not believe such contributions influence the decision-making process of our bench.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

Lawyers are valuable references as to the knowledge, training, experience and judicial temperament of a judicial candidate. To that extent, their opinions concerning a candidate's qualifications are invaluable. In order to be elected, a judicial candidate should have the support of area lawyers, along with a broad base of support from business and community leaders.

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STEVE YAZBECK :

Yes , by raising money from the general public. Numerous judges in this District have been elected by going to the voters.

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QUESTION 3

3. What is the depth of your experience in the 22nd Judicial District Court? How many jury trials? How many judge trials?

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DIVISION B

A. J. HAND :

I have practiced law in the 22nd Judicial District Court for over 21 years. I have had a diverse practice including civil, criminal, business litigation, family law, successions, real estate, banking and personal injury. I have handled hundreds of judge trials. I have not had the necessity of completing a jury trial as most cases were settled prior to judgment.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

I currently serve as co-lead counsel, and have served for thirteen (13) years, in the largest and most complex civil litigation in the history of the Twenty Second Judicial District, and perhaps the State of Louisiana. (In Re Chemical Release at Bogalusa). Participating in that litigation and understanding its procedural history and posture alone affords me the experience to handle ordinary and routine civil matters with much facility.

Published Cases. The number of decisions published in the official reporters is a measure of a lawyer's courtroom and appellate experience. My thirty five (35) cases published in the official reporters - an objective measure of how intensively I have been applying the Codes of Evidence and Procedure. The subject matters listed below show the diversity of my legal career.

Also I have represented hundreds of criminal clients in felony cases in which the possible sentence is less than ten (10) years, with or without hard labor, and misdemeanor cases, i.e., those cases in which the penalty provisions of the Criminal Code exclude hard labor sentences. Hence, most of my criminal representation involved plea bargains with probation or brief incarceration. I have tried no life imprisonment or death cases.

Extensive federal litigation practice. I am certified to practice before the United States Supreme Court, a reflection of an intensive federal litigation practice applying the Federal Rules of Evidence and Federal Rules of Civil Procedure - again, tools of the legal trade. This is significant because the Louisiana Codes of Evidence and Procedure are modeled after the Federal Rules. The Louisiana Supreme Court looks to the Federal Rules and federal jurisprudence as guidance in interpreting our Codes of Evidence and Procedure, and has instructed district court judges to do the same.

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DIVISION C

WARREN MONTGOMERY:

I have had a half dozen jury trials in the 22nd JDC, and 10-20 jury trials in federal court in New Orleans.

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ED RAPIER, JR. :

. I have filed cases for clients in the 22nd Judicial District Court which include car accidents, successions, property rights questions, commercial disputes and other cases. Not counting the cases still pending, my cases were able to be resolved short of trial. In this day and age of civil litigation, the majority of the time, one should be able to resolve cases without having to go all the way to trial. The discovery process, if done properly, should allow all parties to reasonably determine the outcome should you have to try a case. Once that determination is made, then the parties should be able to negotiate an acceptable resolution to their dispute.

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RICK SWARTZ:

I am the attorney of record in more than 30,000 cases in the 22nd Judicial District Court. Most of those cases were handled as an Assistant District Attorney for St. Tammany Parish. I have tried over 400 criminal and civil cases in this district. I have 18 criminal jury trials in this district.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

I have twenty-seven years of civil litigation experience in state and federal courts.

I have tried twenty civil jury trials and six civil bench trials. Additionally, I have bench trial experience as Prosecutor for the City of Mandeville.

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STEVE YAZBECK :

I estimate in the 22ND JDC I have had 53 jury trials and forty Judge trials.

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QUESTION 4

4. What types of clients have your represented while you have been an attorney and what kinds of legal matters have you handled for your clients?

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DIVISION B

A. J. HAND :

I have represented clients in civil, criminal, business litigation, family law, successions, real estate, banking and personal injury.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

I have represented hundreds of private and public individuals and private and municipal corporations in the following published areas: 1) municipal administration; 2) civil service; 3) medical causation and police excessive force; 4) Alabama probate; 5) California sexual harassment; 6) Fourth Amendment search & seizure; 7) Fourteenth Amendment and a municipality's duty under Title 33 to fund jails and prisons; 8) class action; 9) the Uniform Commercial Code; 10) "Code 6" Career Criminal Intercept Unit and the Vertical Prosecution Program; 11) armed robbery, false arrest, and malicious prosecution; 12) medical malpractice; 13) Florida automobile wreck; 14) police use of excessive force; 15) admiralty & maritime; 16) civil service and reverse discrimination; 17) property law; 18) mineral lease law; 19) Louisiana Arbitration Act; 20) mandamus under the Public Records Act; 21) murder; 22) school class action; 23) lease law.

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DIVISION C

WARREN MONTGOMERY:

All types of clients and all types of matters.

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ED RAPIER, JR. :

In my 21 years of practice I have represented individuals, businesses, corporations, and insurance companies.

I have handled tort cases (car accidents, slip and falls, and other injury type of cases) for individuals. I have also handled real estate disputes, succession cases, zoning law cases, commercial disputes (contract claims, loan/mortgage issues, leases, etc.), environmental issues, labor law issues, wage claims, bankruptcy cases, worker's compensations cases, and collection cases. I have lobbied on behalf of clients before the Louisiana Legislature. I have drafted business organizational documents, contracts, and personnel manuals. I have represented clients before OSHA and the EPA. I have represented clients in superfund litigation, construction litigation, corporate acquisitions, toxic torts, Jones Act cases, and corporate compliance with OSHA, EPA and DEQ regulations.

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RICK SWARTZ:

I have represented individuals, small businesses, building contractors, banks and finance companies as both plaintiff and defense counsel. I have handled accident cases, collection matters, successions, contract disputes, divorces, criminal cases and real estate matters in my practice.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

During the course of my practice, I have represented businesses, corporations, individuals and insurance companies. I have handled general and professional liability matters, as well as contractual and administrative matters. I also have prosecutorial experience.

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STEVE YAZBECK :

I have represented clients in a variety of cases, Including : felony and misdemeanor, criminal, successions , personal injury, complex real-estate litigation, domestic law,bankruptcy, debt collection and defense , expungments, and breach of contract.

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QUESTION 5

5. Have you ever been subject to disciplinary action by the Louisiana Bar Association? What was the outcome? Please explain the circumstances.

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DIVISION B

A. J. HAND :

No. _________________________________________________________ _________________________________________________________

PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

Yes. In an uncontested disciplinary proceeding based upon my guilty plea to first offense DWI by the LSU Campus Police in 2003, the Louisiana Supreme Court placed me on probation for two years. Neither my honesty nor integrity has ever been questioned by anyone.

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DIVISION C

WARREN MONTGOMERY:

No.

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ED RAPIER, JR. :

No I have not been subject to disciplinary action by the Louisiana Bar Association.

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RICK SWARTZ:

No.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

I have never had a disciplinary complaint filed against me and, therefore, have never been subject to disciplinary action.

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STEVE YAZBECK :

In 19 years of practice I have had one silent dmonishment. My record is remarkable, considering that I have practiced in the area of criminal defense. Criminal clients file a lot of complaints.

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QUESTION 6

6. Which, if any, special legal certifications do you have? How many jury cases have you argued in this specialty? How many judge cases have you argued in this specialty?

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DIVISION B

A. J. HAND :

None.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

There exists no specialties that apply in the position of a general jurisdiction district court, with the exception of Family Court specialization.

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DIVISION C

WARREN MONTGOMERY:

I have no specialty.

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ED RAPIER, JR. :

I do not have any special legal certifications

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RICK SWARTZ:

None.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

I do not hold a special legal certification as none are offered in Louisiana in my areas of practice.

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STEVE YAZBECK :

None.

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QUESTION 7

7. How would you encourage, prod, or insist that lawyers appearing before you use technology to improve the efficiency of judicial decision-making, including jury trials?

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DIVISION B

A. J. HAND :

I believe it is premature to require the use of certain technology to improve the efficiency of the judicial process, more particularly the use of lap top computers in the courtroom. I would encourage the use of this technology by attorneys for purposes of trial as it provides a more efficient source of readily available information to argue cases and to present evidence at trial including the use of power point.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

I will manage Division "B" electronically from the bench - retrieve, review, and update (key cite research) cases and statutes from the bench. I intend to render decisions in ordinary adversarial matters from the bench, without taking matters "under advisement." Delays will be eliminated with this approach. The ability to conduct online research reduces the costs of judicial administration.

Scanning and digitizing documents are standard technology lawyers should submit electronic copies of briefs and memoranda. Our courtrooms are designed for the use of power point presentations and projections to present documentary evidence, and lawyers should utilize the paperless method of presenting evidence to the jury, in lieu of the traditional method of "publishing the exhibit" to the jury.

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DIVISION C

WARREN MONTGOMERY:

By example.

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ED RAPIER, JR. :

The most effective technology tool that we, as lawyers and judges, have is the computer. I would encourage the use of the computer as much as possible, including providing my office with electronic copies of filings, email communication and the use of computer generated presentations in the courtroom.

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RICK SWARTZ:

A Judge cannot dictate to counsel the manner in which they must present their case. A Judge may conduct pre-trial conferences and discuss the procedure by which evidence should be presented. The Court can require certain testimony to be presented by deposition, rather than live testimony. Competent counsel will always attempt to present evidence in the most efficient manner as it will inure to their benefit.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

I would encourage lawyers to use computer technology in the courtroom during trial to aid in the presentation of testimony and documentary evidence. I would also encourage lawyers to provide requested jury charges in disc format (in addition to filing in the court record) for efficient preparation of the Court's final charges.

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STEVE YAZBECK :

I would encourage the use of Lap tops and power- point at trial. However, there must be changes in the law in order to make real changes. Such as allowing E filing.

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QUESTION 8

8. How effective do you believe drug court to be? Are you willing to invest your time and energy to ensure that the drug courts in our district court continue to function?

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DIVISION B

A. J. HAND :

I believe Drug Court is extremely effective to rehabilitate drug users in lieu of jail sentences. Drug Court should not be used as an alternative sentence for drug dealers. Drug dealers must be imprisoned without exception in order that they do not influence our youth to become drug users. It is my personal goal to invest my time and energy to expand the drug court program. _________________________________________________________ _________________________________________________________

PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

Drug court is quite effective in offering second, and sometimes third chances, to drug abusers who are willing to rehabilitate. Yes, I am willing to work with drug court.

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DIVISION C

WARREN MONTGOMERY:

Drug Court is a valuable and innovative remedial tool for first time offenders. I heartily support it and will do what ever is necessary to continue, and if possible, improve it.

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ED RAPIER, JR. :

Drug Court is very effective compared to conventional sentencing paradigms. As I understand it, drug court has a success rate in the 80% and higher range - far greater than traditional treatment. This is attributed to the length of time the participant remains in active treatment. The concept of drug court goes hand in hand with my involvement with youth either through the Boy Scouts and/or Pride of St. Tammany, Inc. I would be very interested in investing my time and talents in drug court.

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RICK SWARTZ:

I believe the drug court system has been effective in reducing recidivism in drug offenders. As City Court Judge I worked with juvenile offenders in the Drug Court. Those who completed the program were happy for the second chance and the opportunity to become productive members of society. I will wholeheartedly support the Drug Court program.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

Research has indicated that drug courts reduce re-arrest rates and improve substance abuse treatment outcome. I am willing to invest my time and energy in continuing this important function of our court.

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STEVE YAZBECK :

In my experience, if the individual makes a decision that he or she wants to change, drug-court will help. I have seen better results from faith based programs.

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QUESTION 9

9. How could the costs of judicial administration be reduced? Can you give us a specific example of how you have reduced costs in your law practice?

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DIVISION B

A. J. HAND :

The cost of judicial administration could be reduced by the enhanced use of electronic filing as used in the federal court system. I have reduced the cost in my own law practice by use of document retention via the use of computers.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

The current budget is adequate, save the cost of acquiring and implementing modern technology and equipment necessary to increase the efficiency and effectiveness of electronic administration and access to justice, as described in part below.

Costs of administration can be reduced in a number of ways. First, through paper reduction - electronic filing system currently being fully implemented in the federal system. The administrative costs to litigants and jurists will be reduced and facilitated. A second way to reduce the costs of administration is to reduce the amount of time lawyers and their clients spend waiting in court. Hourly charges billed to clients are reduced when the amount of time spent waiting to be heard in court is reduced. Judges, lawyers, docket clerks, and courtroom deputies will be able to spend the saved time attending other matters, and clients will be able to proceed with their livelihoods away from court. Timely dispensation of justice will translate into efficient and effective operation of the courtroom and yield tangible savings to all involved. Third, I will manage Division "B" electronically from the bench, as noted above.

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DIVISION C

WARREN MONTGOMERY:

Begin electronic filing of all cases and electronic docketing and scheduling of court appearances. My law practice is 100% electronic.

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ED RAPIER, JR. :

If this question is directed to the day to day operation of the court, the Judge has very little influence on those costs as he or she directly controls very little of the judicial budget. If on the other hand the question is aimed at the cost of litigating disputes, the Judge can greatly influence the cost. The easiest and most visible way is for the judge to run an efficient courtroom. One of the most costly wastes of money is for lawyers and their clients (civil or criminal) to sit and wait in court with nothing happening. The Judge taking the bench when he or she says court will begin, and being prepared, so that litigants and/or criminal defendants are not sitting with their lawyers waiting on the Judge can greatly reduce the cost of litigation.

As a solo practitioner, I have had to embrace technology and time management in order to efficiently and economically provide legal services to my clients.

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RICK SWARTZ:

The Court employs a Judicial Administrator to manage the budget of the Court. As City Court Judge I was responsible for the court budget for a short period of time and I did make some changes to reduce the Court's expenses. As a solo practioner I have maintained my costs in the neighborhood of 20 - 25% of my gross receipts.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

The Judicial Administrator of the Louisiana Supreme Court serves as staffing and fiscal agent for the Judicial Council. The Twenty-second Judicial District Court depends upon funding from many different sources to operate. A court administrator prepares the local budget, taking into consideration all of the various funding sources. The function of the Court is solely to administer justice.

In my practice, I have emphasized the reduction of litigation costs to my clients through the effective use of attorney and paralegal time, evaluation of the most cost-effective manner of obtaining necessary discovery and sharing of expenses among parties where appropriate.

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STEVE YAZBECK :

By allowing competitive bidding for Law Research tools like Westlaw, and for Court Reporting I saved money on taxes by incorporating and filling SubS.

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QUESTION 10

10. What response should the judiciary have to prison overcrowding?

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DIVISION B

A. J. HAND :

It is not the job of the judiciary to respond to prison overcrowding. Those persons sentenced to the penal system should serve their time as ordered by the court. It is incumbent upon the state legislators to properly fund the prison system as required to protect the public, more particularly to protect the public from violent and habitual offenders.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

The question lends itself to a matter concerning the political branches of our republican form of democracy. The judicial branch should remain independent of such political questions, which are not ripe until and unless a detainee or inmate files a lawsuit challenging the conditions of confinement.

Should a judge learn of an overcrowding situation at a penal facility, he or she should first notify members of the legislative delegation. In the absence of a lawsuit, the judges can, en banc, lower bond requirements on non-violent and non-capital felonies, and merge and expedite bond reduction hearings with seventy-two hour hearings.

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DIVISION C

WARREN MONTGOMERY:

Creative and innovative programs such as Drug Court. Judges should be careful that their sentences are results oriented and not simply an act of frustration.

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ED RAPIER, JR. :

In theory none. That is a function or concern for the legislature. A judge should be able to sentence a defendant to a sentence that the judge determines is fair and just based on the evidence. In reality, judges have to take into consideration the issue of prison overcrowding and therefore, if necessary factor that into the sentencing decision.

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RICK SWARTZ:

Prison overcrowding is a difficult problem for the judiciary. The Court cannot put every minor offender in jail, so a Judge must balance the need to protect the public from harm with it's attempt to rehabilitate offenders. The Drug Court is one such effort. The Court must also work with the Sheriff to insure space is available for violent offenders. There must be communication and cooperation between the agencies.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

A number of sentencing options are available which are case specific to a particular defendant. These options may include probation, home incarceration or institutional incarceration, some of which effect prison population. However, since judges alone impose sentences, maintaining judicial independence in sentencing is critical to judicial decision-making.

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STEVE YAZBECK :

The Judiciary in the 22ND JDC should oppose the retention by the Sheriff of DOC and Fed. Prisoners for profit. St. Tammany would not have overcrowding but for this practice.

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QUESTION 11

11. Do you believe that all citizens have adequate access to legal help and the legal system? What can the judiciary do to provide wider and better access?

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DIVISION B

A. J. HAND :

Yes, I do believe all citizens have adequate access to the legal system by virtue of the district court and the justice of the peace courts (for matters of a smaller monetary value). I believe it is required of a judge to be patient and understanding and to allow litigants the opportunity to present their case to the court with all relevant facts. It is incumbent on a judge to treat each litigant with courtesy and respect. In many cases, this is the only opportunity for a litigant to access the court in what may be a life turning event in the litigant's life. Under all circumstances it is imperative for a judge to be fair yet decisive in his ruling.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

All citizens have access to legal help and the legal system if they can afford to pay for the legal fees, costs, and expenses. Judges can and do appoint public defenders in criminal matters and refer civil litigants to the appropriate indigent legal services agencies. The Louisiana Bar Association urges lawyers to perform pro bono (free) legal services in certain cases. Likewise judges can stress the need for and request lawyers to represent litigants in certain indigent cases.

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DIVISION C

WARREN MONTGOMERY:

All citizens do not have equal access to the legal system. The most immediate and productive action would be to increase the salaries and benefits to public defenders.

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ED RAPIER, JR. :

No I do not believe all citizens have adequate access to legal help and the legal system, either on the civil side or the criminal side. I have more than once had to tell a client that they had a very good case and that the law provided a solution, but that the cost to get to that solution far exceeded their claim or that any judgment we would obtain would not be enforceable.

On the criminal side of the docket, while the public defender's office does an excellent job with the resources it has. These are just not enough. One needs only to look to what has happened in New Orleans to see the potential magnitude of the problem.

On the civil side, other than streamlining the civil process, there is not much the court can do. On the criminal side, the judiciary can work with the public defenders' office to garner more resources and the judiciary can enlist the aid of the law firms within the district.

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RICK SWARTZ:

Everyone has access to legal help and the legal system, but the quality of representation varies greatly. Unfortunately those who must use indigent programs have counsel that are overburdened by case loads and are unable to obtain support resources for the representation of their clients. There is no easy solution to this situation. Pro bono work by attorneys is encouraged by Bar Association and the Courts. The legislature controls the funding of the indigent programs.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

With the creation of the Access to Justice Committee, the Louisiana State Bar Association has recognized the need to increase the availability of legal services to the indigent. The judiciary can assist in providing wider and better access by educating the public about available programs.

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STEVE YAZBECK :

No! The current system is a facade. Public defenders have to many defendants to adequately represent their clients. In some cases they get clients the day of trial. The State needs to step up and provide more funding.

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QUESTION 12

12. Please describe your administrative experience. What are your primary strengths as a supervisor? As an Administrator?

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DIVISION B

A. J. HAND :

I have managed a private law firm for over 21 years, including support staff. I am patient and understanding yet decisive when called upon to make a decision.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

I have administered the daily affairs of my own law practice for nearly twenty two years.

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DIVISION C

WARREN MONTGOMERY:

I have led a team of workers in an internationally based company as well as managed a Congressional office. My greatest asset is the ability to establish a vision and lead by example.

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ED RAPIER, JR. :

My administrative and supervisory experience comes from the running of my office and from when I was house counsel for Southern Scrap. While at Southern Scrap, one of my jobs was to manage the company's litigation; whether handled in house or assigned to outside counsel. These cases ranged from the simple fender bender, to complex superfund litigation, to mass joinder toxic tort litigation.

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RICK SWARTZ:

I have maintained and operated my own law office for over 29 years. My current legal secretary has worked with me for 22 years. As City Court Judge I was responsible for the operation of the Court and the Clerk's Office which had 10 employees.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

I have managed a satellite law office and I also manage a litigation team. As a supervisor and administrator, I set the example in the office in connection with work ethic and treat all employees fairly and equally.

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STEVE YAZBECK :

I have managed my own law practice for 19 years, Hiring , and firing employees and supervising other Lawyers. My strength is in motivating employees.

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QUESTION 13

13. What problems will you encounter as you move from your role as an advocate to a new role as a judge? How will you address these issues? How will you approach the judicial role differently?

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DIVISION B

A. J. HAND :

I believe that I will have to learn in my transition from litigator to judge (as in any life experience) my roll as an independent finder of fact and to apply my findings to the appropriate law in question. I intend to invest significant time in transition from my law practice to the judiciary by attending judicial colleges and seminars to learn the appropriate roll as a new judge.

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PATRICK MOORE :

Mr. Moore has withdrawn his candidacy for judgeship.

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REGGIE LAURENT:

Dignity! I will become empowered to command respect and dignity of the law, the court, and the judicial process, which I have witnessed throughout the years. Strict enforcement of the Code of Professional Conduct, the Rules of District Courts, the Harvard's Blue Book Citation.

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DIVISION C

WARREN MONTGOMERY:

I will put aside the role of an advocate, and become an impartial judge. There are numerous classes provided by the judiciary that are available to facilitate that transition. I will take full advantage of all opportunities to accelerate that process.

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ED RAPIER, JR. :

The move from practicing attorney to judge can be a difficult one. However, my wide range of experience will make that transition easier. The role of judge is vastly different from the role of advocate. The judge's job is not to promote one side over the other, but to weigh the evidence and provide a just and fair determination.

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RICK SWARTZ:

I do not foresee any problems moving from my role as an advocate to Judge. I have served as a Judge Pro Tempore for many years and on many cases. I have always seen the relative strengths and positions of litigants in my practice and as a result have confected many settlements with opposing counsel. I am well prepared to serve as the next Judge in Division "C" of the 22nd Judicial District Court.

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DIVISION G

MR. WILL CRAIN WAS UNOPPOSED IN THIS RACE.

DIVISION H

ALLISON PENZATO :

The judicial role obviously has to be approached differently as one is no longer an advocate for either side. I will give all matters coming before the Court impartial and reasoned analysis. I will, however, bring to the bench the same work ethic and attention to detail that I have exemplified in my private practice.

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STEVE YAZBECK :

None. My role as a judge will be to administer Justice , my role as an attorney was as an advocate.

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