A Baton Rouge judge on Tuesday issued a preliminary injunction that temporarily halts a new state law eliminating three judgeships in the Orleans Parish Criminal District Court, giving the affected judges a reprieve as the legal fight continues.
What the ruling does
Judge Tarvald Smith of the 19th Judicial District Court in East Baton Rouge Parish granted the injunction against Act 748, a measure from the 2026 legislative session that would have reduced the number of criminal district court judges in Orleans Parish from 12 to 9 and eliminated four additional judgeships across juvenile, municipal and traffic courts.
The preliminary injunction pauses implementation of the statute and keeps in place the positions held by Judges John Fuller, Simone Levine and Rhonda Goode-Douglas, who were slated to lose their seats under the law.
How the case reached court
Judge Fuller filed suit challenging the constitutionality of the statute. His core argument, as reflected in court filings and statements from his attorney, is that eliminating elected judgeships required a constitutional amendment — a process that demands a two-thirds vote in both legislative chambers and voter approval — not a regular statute passed by a simple majority.
“Today’s ruling is a victory for the rule of law, not for any particular judge,” said Jerome Matthews Jr., Fuller’s attorney.
The injunction is preliminary. Unless a higher court lifts it, the stay is expected to remain in place through this summer’s judicial qualifying period, which is scheduled for Aug. 5–7. That window is critical: it determines who may run for judicial offices in the fall election.
Local implications and statewide context
For New Orleans residents, the decision preserves continuity in the criminal court at a time when caseloads and court resources are under scrutiny. Removing judgeships would have shifted cases and workloads at a moment when neighbors and lawyers say predictability in the court system matters for public safety and speedy resolutions.
At the same time, the dispute highlights a broader state-level debate about judicial structure and legislative authority. Supporters of the law, including its sponsor, Sen. Jay Morris of Monroe, argued the reductions were part of a state shake-up. Opponents contend the change alters the composition of elected offices and therefore should follow the constitutional amendment route.
What’s next
The case will proceed through the courts. The injunction could remain active through the qualifying period unless overturned by an appellate court or the Louisiana Supreme Court. The Attorney General’s office has been named in the matter; further legal filings are expected as both sides press their arguments.
- Act: Act 748 from the 2026 legislative session
- Injunction issued by: Judge Tarvald Smith, 19th Judicial District Court
- Judges affected: John Fuller, Simone Levine, Rhonda Goode-Douglas
| Item | Detail |
|---|---|
| Law blocked | Act 748 — would reduce Orleans Criminal District Court judges from 12 to 9 |
| Court action | Preliminary injunction issued by Judge Tarvald Smith |
| Upcoming deadline | Judicial qualifying: Aug. 5–7 |
The injunction does not settle the constitutional question. It pauses implementation while the courts consider whether the Legislature exceeded its authority in changing elected judgeships without a constitutional amendment. For New Orleans, the coming weeks will determine whether those seats remain on the ballot and how the city’s criminal docket will be staffed going forward.
As the case moves forward, local attorneys, court staff and residents will be watching closely — not just for the immediate effect on individual judges, but for how the outcome might shape the structure of courts across Louisiana.
