QUESTION 1

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

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Mary C. Devereux, District K :

There is no one method that can guarantee a completely independent judiciary because there exist factors that influence any selection method. There will always be a certain element that will find a way to circumvent any method so that it can gain an advantage: exactly what you are trying to avoid.

There are two methods that have been proposed that could increase the likelihood of an independent judiciary: merit selection and public financing. There are problems with each of these as well. With merit selection the problem is who appoints the committee to review the candidates. I cannot think of an organization or politician who would not like to have an appointment that is friendly to their cause. With public financing the problem becomes how do you limit the number of candidates. If every person who wants to hold office is assured that they will have the same monetary support as everyone else there would be many more people running for office than there are now, including many who are completely unqualified. I would certainly support any method that would ensure that no person, group, or entity would have influence over the judiciary. I envision a system that combines merit selection of candidates by a committee of involved citizens, groups, and attorneys combined with public financing.

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MARTHA L. ELLIOTT, District K :

1. Although some methods of judicial selection may be better than others in ensuring an independent judiciary, none insure an independent judiciary. Certainly, the elective process is fraught with the potential for influence pedaling but, the appointive process used in the federal system and some state systems do not escape the potential for undue influence. Often candidates in any system make promises and incur obligations to get to the point in the process where they have a reasonable opportunity to obtain the position they seek. This problem exists in almost every area of human endeavor. The bottom line is that the candidate must be independent minded regardless of the system used to select him or her.

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MARK JOLISAINT, District K :

Although some methods of judicial selection may be better than others in ensuring an independent judiciary, none ensure an independent judiciary. Certainly, the elective process is fraught with the potential for influence pedaling, but the appointive process used in the federal system and some state systems do not escape the potential for undue influence. Often candidates in any system make promises and incur obligations to get to the point in the process where they have a reasonable opportunity to obtain the position they seek. This problem exists in almost every area of human endeavor. The bottom line is that the candidate must be independent minded regardless of the system used to select him or her

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DAWN AMACKER, District L :

No. Only the character and integrity of the judge selected, whether by election or otherwise, insures an independent judiciary. Even if contributions are not necessary to selection, judges are lawyers with long-standing friendships, partnerships and associations cultivated over many years time, all of which could influence a judge's decisions. Only selection of lawyers with the highest standards and ethics prevents misuse of the office, no matter what selection process is used to select the judge.

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CAROL R. TUSA, District L :

1. Elections are better than appointments since this allows the judiciary to be chosen by a larger pool of people. Also, if a judge's performance is not satisfactory, the public can vote him or her out of office. I know attorneys who have practiced in states that have appointed judges and they assure me that there is more independence in an elected judiciary.

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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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Mary C. Devereux, District K :

Probably not. Unfortunately the general public has historically shown very little interest in the election of judges. If the method of electing judges was changed so that involved citizens and groups could weigh in on the selection process more heavily than is allowed now, maybe the public would become more involved and lawyer contributions would not be so crucial. Again, a change in the system that would have unbiased selection of candidates and campaigns financed by the public would help greatly. Under the current system, it is important to educate the public on the integrity of the candidates as well as their qualifications. A person with integrity will follow her oath of office and neither grant nor seek favors.

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MARTHA L. ELLIOTT, District K :

The people must be careful in their selection. Organizations such as the League of Women Voters disseminate valuable information to the public.

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MARK JOLISAINT, District K :

Given the current method of election, I do not believe that it is realistically possible for a judicial candidate to be elected without the support of area lawyers and law firms. To limit the influence of lawyers and law firms' political contributions, my suggestion would be to limit the total funding available from all sources in conjunction with judicial elections so that even candidates without widespread lawyer or law firm support might reasonably obtain sufficient funding to compete. Campaigns could then focus on public forums rather than sign-age, push cards and thirty second sound bytes. However, this method might not meet constitutional muster especially pertaining to first amendment rights.

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DAWN AMACKER, District L :

The judge must follow the Code of Judicial Conduct scrupulously. The Canons address most issues and many of these will come up post election. For example, there are specific rules preventing judge's solicitation and acceptance of campaign funds (Canon 7),defining acceptable ex parte communications (Canon 3), mandating performance of duties without bias or prejudice (Canon 3), among other important matters. If the Canons are followed, a judge should remain objective and fair.

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CAROL R. TUSA, District L :

2.2. Theoretically, yes, if the candidate either uses his or her own funds. Some campaign finance reform is probably in order.

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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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Mary C. Devereux, District K :

I have 22 years of experience almost all of which is in the 22nd JDC. Since my practice is over 95% family law and there are no jury trials in family law in Louisiana, I have had only one jury trial early in my career.

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MARTHA L. ELLIOTT, District K :

For the last three years I have been a prosecutor and victim's assistant for District Attorney Walter Reed. I would estimate that I have tried approximately fifty criminal cases before various judges. In Mississippi I have tried three jury trials.

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MARK JOLISAINT, District K :

I have had 33 years of trial experience in the 22nd Judicial District Court including both jury and judge trials. I have had between 5-12 jury trials, but over my 33 years, I have thousands of judge trials. Although, I do not know whether specific statistics are available from any source.

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DAWN AMACKER, District L :

I have had experience at every level of the 22nd Judicial District over the entire 26 year span of my career. I have lived and worked in the district my whole life. I have offices in both parishes of the district. I have been attorney of record in approximately 1500 district cases in both parishes over 26 years. I have represented and advised thousands of clients in the 22nd Judicial District Court. I have never handled a jury trial in the district, as we do not have jury trials in family court. I have easily handled over a thousand rules and trials involving custody, support, divorce, paternity, adoptions and partition proceedings in our district. I have been appointed by the La. Supreme Court to serve as Judge Ad Hoc in Bogalusa City Court, to hear juvenile and child in need of services cases.

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CAROL R. TUSA, District L :

3. I handled my first cases in the 22nd JDC in the mid 1980s. I had two jury trials in other Louisiana courts. I have had many judge trials--too numerous to recall the precise number. I have litigation experience in many parishes in approximately fourteen different parishes and four of the five Louisiana courts of appeal, and I have had cases go up to the Louisiana Supreme Court. See attached list of reported cases. I have practiced in federal court. This gives me a breadth of experience and perspective that few attorneys have.

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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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Mary C. Devereux, District K :

I have represented family law clients for most of my practice. Early in my career I practiced some personal injury, real estate and succession law and minimal criminal law but dedicated my practice to family law about fifteen years ago.

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MARTHA L. ELLIOTT, District K :

My legal experience has consisted of the following:

• Divorce
• Child in need of Care
• Criminal Prosecution
• Insurance Defense
• Personal Injury
• Wills and Successions
• Bankruptcy
• Contracts/Leases
• Adoption
• Community Property
• Criminal Defense
• Products Liability
• Medical Malpractice
• Worker's Compensation

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MARK JOLISAINT, District K :

Over my 33 years of practice, I have represented men, women and children in family, juvenile, criminal, civil and personal injury cases including, but not limited to, adoptions, divorce, child custody, child and spousal support, community property partitions, protective order proceedings, child in need of care proceedings, delinquency proceedings, theft, murder, rape, child molestation, burglary, robbery, successions, breach of contract and suits for damage for personal injury.

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DAWN AMACKER, District L :

My clients have been individuals, both adults and children. I handle divorce, custody, child support, spousal support, protective orders, partitions, successions, name change, interdiction, paternity, tutorship, and child in need of services cases, among many other family matters. I have particular knowledge and expertise in adoption work, having handled hundreds of foster parent, intrafamily and private adoptions in the district. I do mediation extensively and have experience in collaborative divorce.

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CAROL R. TUSA, District L :

I have concentrated my practice in domestic relations cases, but I have handled many other types of cases including personal injury and workmen's compensation. I have some experience with criminal cases as well. The law of evidence is very important, and often, domestic practitioners are not very familiar with the Code of Evidence. While those rules may be relaxed in custody cases, they are not non-existent.

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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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Mary C. Devereux, District K :

I received a private reprimand for asking a defendant if it was true that he was about to be prosecuted for writing numerous bad checks. I had called the district attorneyıs office to confirm this. Shortly after my conversation with the DAıs office the person satisfied the checks. His complaint against me was made months after the trial and the ADA was no longer there. This person also sued his attorney and the judge over this same action and continues to be involved in besmirching the judgeıs name to this day and the case was in 1993.

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MARTHA L. ELLIOTT, District K :

No.

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MARK JOLISAINT, District K :

No, I have never been subject to disciplinary action by the Louisiana Bar Association.

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DAWN AMACKER, District L :

No.

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CAROL R. TUSA, District L :

5. No.

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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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Mary C. Devereux, District K :

I became board certified in family law in 1995. Jury trials are not allowed in family law matters. I have tried well over 200 contested hearings in family law cases before judges. This is a small percentage of my practice as I encourage fair settlements of cases and therefore am able to settle most of them out of court. Creative problem solving is a far better way to resolve differences than litigation.

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MARTHA L. ELLIOTT, District K :

N/A

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MARK JOLISAINT, District K :

I have never argued a murder case to a judge alone, although I have argued many issues in motion practice to a judge in a murder case prior to the jury trial of the case.

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DAWN AMACKER, District L :

I have been board certified in family law since 1995, the first year the exam was offered. We do not have jury trials. I have argued an estimated 1000 or more judge trials/rules in family matters.

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CAROL R. TUSA, District L :

6. I am board certified in Family Law. There are no jury trials allowed in family law.

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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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Mary C. Devereux, District K :

Power point presentations on the law to educate juries are not applicable to family law hearings. Technology is used in child abuse cases to protect child victims. Felony juvenile trials are tried by judge again negating the need for the more extraordinary methods of educating the trier of fact. I believe that being able to see the demeanor of a witness is extremely important so I would advocate for video depositions of expensive experts and witnesses unavailable for other reasons.

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MARTHA L. ELLIOTT, District K :

Federal Bankruptcy Court requires electronic filing. It is an efficient means of filing and has been in use for a number of years. I would encourage a similar implementation in our system.

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MARK JOLISAINT, District K :

I do not believe that it is a judge's function to insist that a lawyer appearing before him use any particular form of technology to improve judicial decision making. However, I believe that a judge should encourage through continuing legal education to educate lawyers as to the technology that is available and as to the benefits that each form of technology provides.

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DAWN AMACKER, District L :

The Family Court should become technology friendly. A website for the court with critical information, community resources, lists of mediators, evaluators and counselors should be created. Forms and ability to email the hearing officers and/or judges requesting status conferences and other relief should be made available. Electronic filing of documents needs to be implemented in Washington Parish, as it is in St. Tammany Parish. Attorneys should be allowed to bring laptops in the courthouses.

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CAROL R. TUSA, District L :

7. There will be no jury trials in Family Court. However technology can be useful in family cases depending on the size and complexity of the case and also the technological expertise and/or efficiency of the lawyers involved. I think laptops should be allowed in court as long as the keyboards are silent and as long as they pose no security risks.

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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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Mary C. Devereux, District K :

Drug court is a wonderful alternative solution to the non-violent drug offender. I believe it to be effective and am very willing to invest my time and energy to ensure that juvenile drug court continue to function.

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MARTHA L. ELLIOTT, District K :

Drug court appears to be a great success story. I intend to develop new programs to help keep juveniles from returning to the criminal system.

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MARK JOLISAINT, District K :

Although I believe there is a lot of recidivism in conjunction with the drug court program, I believe that its' current level of success and its' potential for greater success warrants that it should continue and I would certainly invest my time and energy to ensure that the drug court and our district court receive increased funding and access to facilities to permit it to continue to function and to improve.

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DAWN AMACKER, District L :

Generally speaking, drug court seems to be effective, with the rate of recidivism generally higher among the juvenile offenders. It does successfully keep juvenile and adult offenders drug free and out of the overworked criminal system during their time enrolled in drug court. Some are actually rehabilitated, reunited as parents with their children, motivated to work and ultimately are able to support their families and children. We use the services of drug court in family court to drug test and monitor parents on drugs who want to reunited with their children. If they are also self-motivated, drug court helps them find a way back to being a responsible parent.

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CAROL R. TUSA, District L :

8. Drug court seems to be working well. I would be likely to support the program if elected.

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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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Mary C. Devereux, District K :

This is a difficult issue to address. Family Court is one instance where increasing the cost of administration slightly could decrease the cost of litigation to the parties greatly. Most of the time there is a significant waiting period. The parties must have their attorneys with them and pay for this mostly wasted time. A better scheduling process can be developed eliminating most if not all of this cost. Implementing that process may cost slightly more in administration costs but would lesson the attorney fees so much that it would be worth it. I have asked many attorneys and clients if they would be willing to pay a little more in filing fees if they could have a firm appointment. The answer has always been yes.

The criminal juvenile system is a mess. No one can provide an easy solution. The increase in child in need of care cases and juvenile crime has increased exponentially and beyond the current systemıs ability to address it adequately. I promise to address the issue head on, to work with any agency or task force to implement changes that will provide for a better way to deal with the entire juvenile side of family court.

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MARTHA L. ELLIOTT, District K :

Time is money. All attorneys, staff, witnesses, clerks and any other parties should be on time. Continuances should be granted only for good cause. Preparation is the key to economy.

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MARK JOLISAINT, District K :

The cost of judicial administration can be reduced through more efficient judicial administration. Dockets should be scheduled and, perhaps, staggered to eliminate the existing problem of many public and private attorneys all being required to appear at the same time in the morning, only to have to sit in court all day for their cases to be heard. In my own law practice I have reduced the cost in attorneys' fees to my clients by attempting to reasonably negotiate disputes to an amicable non-judicial resolution that may then be institutionalized by a consent judgment; by consolidating motion practice so that several different cases may each be addressed on one appearance in court and by avoiding the filing of unnecessary exceptions and other motions.

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DAWN AMACKER, District L :

The consolidation of all family matters into two divisions should help reduce costs. There will be much less necessity for continuances as the two dockets will be interfaced to prevent conflicts. Continuances are a major contributor to additional court costs and increased attorney fees. At our firm, we have reduced costs at our firm and clients pay less fees and costs as a result of incorporation of email into attorneys/clients correspondence, rather than phone conferences or extended office visits.

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CAROL R. TUSA, District L :

9. For clients with limited funds, the attorney should try to file the essential pleadings in a concise and economic fashion. I have practiced this approach with my clients.

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QUESTION 10

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

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Mary C. Devereux, District K :

Alternative programs for non-violent offenders such as drug court, community service and job training.

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MARTHA L. ELLIOTT, District K :

If incarceration is necessary for nonviolent first offenders, then home incarceration and/or treatment should be considered on a case by case basis.

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MARK JOLISAINT, District K :

The judiciary must constructively respond to prison overcrowding by using actual imprisonment when it is necessary to protect the public or because other forms of punishment have proven ineffective. Otherwise, the use of shadow tracking and home incarceration and probation should be used for non-violent, first-time offenders. Also, more emphasis should be placed on drug court, education, rehabilitation and training with greater resources being directed to the funding and implementation of these programs to ensure their greater success.

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DAWN AMACKER, District L :

There has to be a relationship and coordination with both sheriff's offices and the family court judges, such that there is a clear understanding of the protocol involved in sentencing parties to jail for offenses such as criminal non-support of children. There are priorities which must be met at the jail. Also, the same applies with Florida Parishes Juvenile Detention Center for juvenile offenses. Alternative sentencing needs to be explored in all cases, depending on severity of offense and risk factors, and coordination of sentencing must be accomplished with these offices on availability of beds and services.

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CAROL R. TUSA, District L :

10. The judiciary must work cooperatively with the sheriff's office because of the problems of prison overcrowding. This is a complex subject. The Sheriff's office uses a point system to determine the risk of releasing any given prisoner in a situation of overcrowding. Alternatives to jail sentences for non-violent offenders should be considered, such as fines and possibly house arrest. However, as a domestic practitioner, I am aware that domestic violence in a relationship is one of the most volatile types of crimes.

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QUESTION 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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Mary C. Devereux, District K :

No. I served on the legal services for over 10 years many as chair. Funding is always precarious. The public defenderıs budget is woefully inadequate. The judiciary can encourage more private bar involvement, and support programs designed to provide access to justice. I have donated my time as a volunteer to the pro bono project since 1989 and have never turned down a case sent to me. Legal services has started a new pro bono project that involves referring uncontested cases to the private bar to allow their attorneys to devote additional time to the more involved cases. I volunteered to take one per month. As judge I will encourage this program.

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MARTHA L. ELLIOTT, District K :

No. In my courtroom everyone will be treated equally. Those without an attorney will be heard.

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MARK JOLISAINT, District K :

All citizens certainly do not have adequate access to legal help and the legal system. More funding needs to be provided for indigent defender programs and community based legal service organizations. To the extent it is legally permissible to do so, the judiciary should lobby for such funding.

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DAWN AMACKER, District L :

No. The judiciary needs to encourage lawyer pro-bono work and negotiate with mental health professionals who are referred court evaluations and counseling work, to encourage them to handle a percentage of pro-bono cases for those in need.

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CAROL R. TUSA, District L :

11. Clearly, the wealthy have more and better access to legal services. For certain kinds of assistance, such as petitions for protective orders, pro se individuals have adequate access to the courts because it is mandated by law. The courts should encourage pro bono work and mentoring. More experienced attorneys can mentor younger practitioners who often have more time and energy to assist needy individuals with basic matters. This inures to the benefit of the younger lawyers, as it gives them practical experience under the supervision of a more experienced attorney.

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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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Mary C. Devereux, District K :

I am the personnel manager of my firm settling disputes and hiring and firing. We have a very low turnover rate. My strict policy is to never blame a staff member in front of others or even privately unless it is truly an egregious violation. I address the problem usually as one of procedure and encourage the staff to work with me in devising a process to ensure that whatever happened does not happen again. I have been the administrator of the 22nd JDC Inn of Court since itıs inception. I coordinate all of the meetings. I was also president of the board of legal services through two difficult experiences: union negotiations when the staff decided to unionize and a federally mandated merger. Both experiences ended with all issues resolved in a win/win.

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MARTHA L. ELLIOTT, District K :

I am a past president of the Northlake Mandeville Rotary. I am also the founder and former chairperson of "Cooking for the Community". I have the ability to work well with others and to motivate people.

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MARK JOLISAINT, District K :

I have run my own law office for 33 years managing all aspects of the business and supervising my employees to assist me in providing a high level of legal services. My strengths as an administrator primarily lie in the fact that I am patient, understanding and empathetic and establish a team environment where undue stress is minimized. At the same time, I am able to demand a high degree of loyalty and a strong desire to succeed and to produce high quality work by myself and my employees. My degree in business administrations has also been an immense benefit in helping me understand and fulfill my role as both supervisor and administrator

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DAWN AMACKER, District L :

I have been president of a Chamber of Commerce, a Bar Association and a School Board. I am currently Secretary-Treasurer/Vice-President elect of the Covington Bar Association, a 600+ member organization. I manage my law firm, which has three full time employees. I am prompt, courteous, and efficient. I have had a wonderful working relationship over 26 years with employees of both Clerk's Offices, both Sheriff's Offices and the DA's Office. As a result, immediately upon qualifying, I was endorsed by the 22nd JD District Attorney, Walter Reed, Sheriff Jack Strain and Sheriff Bobby Crowe.

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CAROL R. TUSA, District L :

12. I have been in business for myself since 1986. I have interviewed, hired and trained numerous support staff. I worked as a legal secretary myself, so this gives me insight into the difficulties experienced by support staff. I am serious about my work, and this attitude translates to my co-workers. It is important to be aware and considerate of the demands on co-workers from family. I have been a working mother for a long time, so I am sensitive to the issues faced by working parents. I am willing to be flexible with staff about illness or other family emergencies. But the business of the court must remain the highest priority. As an administrator, I teach by praising good performance. I have worked as a teacher, and I use teaching skills every day. If I have to have a conversation with a staff member that involves a criticism or correction of a particular issue, I make certain that conversation takes place privately. I have been told I am a good listener.

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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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Mary C. Devereux, District K :

In family law, as I practice it, the role of advocacy is not as prominent as it is in other areas of the law. When there are children involved I always remind my client and the other attorney that these people will have to work together for the rest of their lives or their children will be the true victims of their conflict. I engage in negotiation and mediation whenever possible. As a judge both of these qualities are necessary as most cases that do not settle prior to the court date are settled after a pre-trial conference with the judge. Therefore I think that the way I practice law has prepared me to be a judge.

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MARTHA L. ELLIOTT, District K :

A good judge listens. A good judge guides and moves the process. I intend to not allow the court to get bogged down in minutia.

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MARK JOLISAINT, District K :

My biggest problem would be to change the mindset from functioning as an advocate to functioning as an objective nonbiased adjudicator. However, after 33 years of trial practice I fully understand the different functions provided by the attorney and the judge and expect no particular difficulty in making this transition. I don't know how I will approach the judicial role differently because no two judges necessarily approach the role in the same fashion. However, I intend to be a highly accessible independent judge who will fairly and efficiently adjudicate the cases in my court. I intend to remain reasonable and humbled by the honor that this judgeship bestows and will never develop what we lawyers know as "black robe syndrome". Ultimately, my function is to work hard and serve.

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DAWN AMACKER, District L :

Winding down a major law practice is consuming and will require some time and efficient management to do so. Fortunately, I have an excellent law partner. In the judicial role, you of necessity associate your time more with the other judges and less with the lawyers, in order to set yourself apart and be able to remain objective. You set an example for your court and the lawyers and hold yourself to highest standards of conduct and decorum.

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CAROL R. TUSA, District L :

13. The primary change is moving from the role of advocate to impartial finder of fact. I will commit myself fully to the job. Since the Family Court judgeships are new positions, there may be some administrative kinks, but based on past experience the 22nd Judicial District Court is very capable of evolving in this fashion. I enjoy challenges and new ideas, but I do not believe in reinventing the wheel. I am certainly willing to ask questions of more experienced judges. If another judge or court has a good system, we should consider its benefits. East Baton Rouge Parish has had a Family Court for more than twenty years. I imagine there is much we can learn from their system. Also, I enjoy learning new things, and I would take advantage of the many resources available in print and in seminar form for family and juvenile court judges.

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