Judge Windhorst’s problem with “abuse of discretion” on display in the Succession of Kenneth Carroll
The poor litigants in this case have Judge LaDart feeding the Beaver and evidently caught Judge Windhorst on a hangover on the recusal motion. The prevailing legal theory is Judge Windhorst will do less damage on the Louisiana 5th Circuit Court of Appeals. In any event the below tells the tale.
As in Younce vs Pacific Gulf Marine what we have here is a Judge covering for his colleague. In Younce the convict Judge Bodenheimer ruled against recusal to protect LaDart and preserve his ruling in favor of Wiley Beevers who was under the employent of LaDart for an election dispute. This would have enabled Beevers to collect a hefty fee.
In the current case we now have Windhorst protecting LaDart and his ruling that will give Max Nathan of Sessions Fishman Nathan and Israel a hefty fee. It turns out that in the middle of litigation in which Max Nathan is representing a client, Judge LaDart sees nothing wrong with hiring non other than Max Nathan as an employee of his court. According to the Supreme Court in Younce
“Louisiana Code of Civil Procedure article 151 provides in pertinent part:
B. A judge of any court, trial or appellate, may be recused when he:
․
(2) At the time of the hearing of any contested issue in the cause, has continued to employ, to represent him personally, the attorney actually handling the cause ․ and in this case the employment shall be disclosed to each party in the cause[.] (Emphasis added.)
The disclosure requirement is mandatory, providing a bright line rule that judges are required to follow. ”
The crooked sack of shit LaDart did not disclose that he was hiring Max Nathan. The supreme court says disclosure is MANDATORY, and Windhorst could care less. Whats funny or sad depending on one’s sense of humor is that LaDart didn’t learn his lesson the first time. Same old same old at the 24th District guys.
Ross
October 25, 2012 at 4:17 pm
maybe the vigilantes need to hang themseves a judge or two! Remember in “BEAU GESTE” when the corrupt was laid as a dog at the feet of the honorable? Jefferson Paish needs to burn all these dogs at a funeral pyre…….if only one honorable could be found!
Kidd
October 25, 2012 at 5:15 pm
I’m sure you remember Beevers’ co-counsel and what became of him.
Sock Puppet
October 25, 2012 at 7:27 pm
Alfortish in jail; Porteous impeached; and Wringled Robe a Letten farce.
Regardless, GretnaMentality still fucking rules.
simadownah
October 25, 2012 at 7:43 pm
Now I understand the bit of unease with receiving “instruction” from Nathan on security devices at the JD union hall. Just another sack of sleeze.
The Empire Parish
October 25, 2012 at 5:10 pm
I’m not up to speed on this one! Could you elaborate? What is the JD Union hall and Nathan’s connection to it?
Ross
October 25, 2012 at 5:46 pm
The JD “union hall” aka law school decades ago
The Empire Parish
October 26, 2012 at 4:53 pm
What does Ray Ladoceur have to do with this, as I see his name listed first? Sorry for the dumb question.
Jim Needs to Know
October 26, 2012 at 7:39 am
Ray represents the wife of the late Mr Carroll, why? Is he a crook too?
Ross
October 26, 2012 at 9:07 am
Just another drunk.
Sally
October 29, 2012 at 4:49 pm
i was able to win an appeal on different issue because of windhorst’s abuse of discretion. so yes, hopefully, he will enjoy being out-voted by his peers in the appeals court.
itsjustme
May 21, 2013 at 1:56 pm