[StBernard] Where are my children? How can the courts help?

[Westley Annis]

Dear Mr. Deubler:
 
Judges have to be very careful about responding to such inquiries.  Even
reading a posting could possibly create a scenario that might require a
judge to be removed as presiding judge from a case if the posting contained
information which could be considered an "ex parte" communication.
 
However,  because of the number of inquiries I have been receiving -- both
directly and indirectly, I thought it appropriate to issue a limited
response to the questions concerning the opening of the Courts in St.
Bernard Parish.
 
Please be advised that the Courts are not voluntarily closed at this time.
The Governor has issued an emergency order which keeps us closed until
October 25, 2005.  In light of this, the Judges have issued an order to
conduct emergency proceedings on a limited basis.  The Courts are now open
from 10 a.m. to 2 p.m. 
 
All 5 judges rode out the storm in the parish court house.  Judges Fernandez
and Sanborn had water in their courtrooms and offices.  They actually joined
me on the second floor when the waters began entering their offices.  Judge
Buckley and Cresap have offices on the 3rd floor and stayed there for the
storm.
 
All of the Judges of St. Bernard Parish are accounted for and have been
working since the storm.  We are all anxious to get back to hearing and
resolving the cases involving the citizens of the parish.  In the meantime,
we have allocated duties amongst ourselves to try to get the system up and
running again as fast as possible.
 
The system's main problem is the same as yours --  HOUSING!  We need to get
temporary housing for the essential employees needed to work in the system.
Since the Courts have no funds*  to go out a buy such housing directly, we
must rely on applications to FEMA.  There are currently mixed signals from
them as to whether this can be done as part of the "Public Assistance"
program or whether is should be handled on the "Individual Assistance" side.
This is a time consuming process that is not moving as fast as we would
like.  We are told that we are in line for temporary travel trailers --
these are not house trailers like seen in trailer parks, but are the mobile
type that can be towed  behind a pickup truck.
 
One recent problem -- questions have be raised as to whether the Courthouse
can be used to conduct judicial proceedings.  Health concerns have been
raised and we are trying to address them.  It is important to use this
facility since we have been told that temporary buildings will take 3 to 4
months at a minimum to obtain.  We feel that issues with the building could
be resolved much quicker than that.
 
Getting back to the original question, on October 11, 2005, the court system
opened on a limited basis.  We are actively dealing with issues involving
recent arrests.  This  is an obviously important function since timely a
magistrate appearances is required to maintain a person in custody after an
arrest.
 
We are also handling emergency matters.  The issues in the posting could
qualify as such.  An attorney should be retained and the matters should be
presented to the appropriate court for resolution.
 
 
Judge Kirk A. Vaughn
 
*(Court funds are generated only when the system is operating and are paid
to other entities like the Clerk and Sheriff who, in turn disperse these
funds according to law.)