Editor’s note: State Supreme Court Justice Jeannette Theriot Knoll, who represents the 3rd District, announced in January that she will retire at the end of the year. The two candidates seeking her seat on the Louisiana Supreme Court are state district court Judge Marilyn Castle and appellate court Judge Jimmy Genovese.
Judge Marilyn Castle
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What has been your top achievement during your career in law?
I’ve worked to provide a fairer, simpler system that reduces cronyism, gives timely resolutions and saves taxpayer money. When I became a judge, I was very concerned over criminal cases moving from judge to judge, and the rampant “judge shopping” to avoid some of us who were more firm on sentencing. Under the allotment system I initiated, a case now stays with a judge from arrest to conviction and sentencing. Cases move swiftly, judges are able to set extra days for their criminal matters and each judge is accountable for his/her own cases.
I am also proud to have co-authored the Criminal Best Practices Manual used by district judges statewide.
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What do you think about the new rule on mandatory retirement for state judges?
I have no problem with the rule. It was voted on by the people via constitutional amendment and represents the will of the people.
I am grateful for the years I have served and will serve the people of Louisiana. There are many rewarding experiences, like seeing offenders come out of rehabilitation programs with their lives changed, seeing programs I have been a part of reduce recidivism rates and seeing past offenders become productive citizens. I look forward to continuing to work to improve outcomes of those going through our judicial system and consequently, the lives of all people in Louisiana.
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You and Genovese are both Republicans with similar themes in your advertisements. What experience do you have that sets you apart?
I am the only candidate endorsed by the Louisiana Republican Party. I have handled over 100 cases before the Supreme Court. But it’s my experience in the district court that sets me apart. That’s where cases that reach the Supreme Court originate. That’s where people come seeking justice, that’s where all trials occur. As a judge for 18 years serving a three-parish district, I have tried thousands of cases of every kind and built the records appellate courts review. Supreme Court justices must understand more than what’s reflected in a cold record and transcript. They need to appreciate the human element of every case and the flow of a trial.
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You have stated you want to keep increasing efficiency in the legal system. How?
I’m proud of the efficiencies I’ve put in place in Lafayette, Vermilion and Acadia Parishes. Efficiency is at the heart of swift justice. On the state’s highest court, I would have an opportunity to continue my effort statewide. Louisiana state courts have no unified system of reporting, collecting or sharing data. Filings are still done by paper. We need to use technology to increase efficiency, properly track the work of the courts and have the ability to know how each court is performing. When we create oversight and deliver justice more swiftly, we bring transparency to the courts and greater public confidence.
Judge Jimmy Genovese
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What has been your top achievement during your career in law?
My top achievement as an attorney actually deals with the private adoptions that I have done. I represented a couple of OB-GYNs in the community. We would do a private adoption where the mother does not know who the adopted parents are, and the parents do not know who the mother of the child is. As these children grow older, you get to know them and see them. That is something that has always touched my heart. On the judicial side, I co-founded the drug court in St. Landry Parish. These people who are hooked on drugs go through a program in lieu of criminal prosecution. It works exceptionally well.
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What do you think about the new rule on mandatory retirement for state judges?
I do not favor mandatory retirement for state judges. We have excellent judges that are in their 70s who have been forced to retire. In other professions, that is not prevalent. For example, some of the finest surgeons in the medical profession are in their 70s. Two of the judges we have lost are Judge David Painter, and we are also losing Judge Jimmy Peters. There are programs in place in the Supreme Court to monitor and correct situations where if judges get out of line or suffer from problems. So I really do not favor mandatory retirement for state judges.
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You and Castle are both Republicans with similar themes in your advertisements. What experience do you have that sets you apart?
I am the only appellate court judge in this race. The Supreme Court is an appellate court. It reviews the decision of lower courts. The 3rd Circuit Court of Appeal covers 21 parishes and 1.2 million people. I have 11.5 years of doing appellate court work. Every judgement that is appealed from those parishes comes before the 3rd Circuit Court of Appeal. So, the experience factor is quite obvious. The distinction between an appellate court judge and a district court judge is the difference between night and day. The Supreme Court is no place for on-the-job training. I’m ready to hit the ground running.
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When you met with the American Press editorial board, you said you oppose judicial activism. Explain what you meant when you said judicial activism?
Judicial activism is when the judge goes beyond his or her power in deciding a case by actually creating the law. It is not the function of a judge to create law. The function of a judge is to take the facts that are presented to him or her and then take the law the Legislature gives him or her and apply the law to the facts of the case. When you have a judge start to write things into their opinions to the law that are not in the law, you become judicially active. If the law is wrong or bad, it’s up to the Legislature to fix it.
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