FILED

AUG 1 7 2015
KARA CRAWFORD
CADDO DEPUTY CLERK OF COURT

JOHN E. SETTLE, JR.

CASE NO.

VERSUS

1s' JUDICIAL DISTRICT COURT

JAMES E. STEWART, SR. and THE

JUDICIARY COMMISSION OF
LOUISIANA

CADDO PARISH, LOUISIANA

PETITION FOR DECLARATORY JUDGMENT

AND REQUEST FOR EXPEDITED HEARING
NOW INTO COURT, through undersigned counsel, come Petitioner, JOHN E.
SETTLE, JR., a resident of Caddo Parish, Louisiana, respectfully represents:
1,
That John E. Settle, Jr., ("SETTLE") is a resident of Shrcveport, Louisiana and is a
Caddo Parish taxpayer.
2.
Named Defendants herein arc
(a)

JAMES E.

STEWART, SR., ("STEWART") a resident of the Stale of

Louisiana, Parish of Caddo.

(b)

THE JUDICIARY COMMISSION OF LOUISIANA ("COMMISSION"), a

State of Louisiana entity to be served through its Chief Executive Officer.
3.

That STEWART is a judge on the State of Louisiana, Court of Appeal, Second

Circuit.
4.

That STEWART announced he was a candidate for the office of Caddo District
Attorney on August 13, 2015.

That STEWART sent a letter advising o f h i s intent to retire to Chief Justice Bernette
Joshua Johnson dated Saturday August 8, 2015; sec copy attached.
6.
That said letter advises that STEWART wilt retire effective September 6, 2015.
1,.

That Canon 7"I" of the Code of Judicial Conduct:

"I. Candidacy for Non-Judicial Office. A judge shall resign his or her office
when the judge becomes a candidate either in a party primary or in a general
election for non-judicial office, except that a judge may continue to hold
judicial office while being a candidate for election to or serving as a delegate
in a state constitutional convention, if the judge is otherwise permitted by law
to do so."
X,
That Canon 7 "H" of the Code of Judicial Conduct defines the term "candidate":
"T-I. Definition of Candidalc. A candidate is a person seeking election or
reelection to ajudicial office. A person becomes a candidate for judicial office
as soon as he or she makes a public announcement of candidacy, declares or
files as a candidate with the election or appointment authority, or authorizes
solicitation or acceptance of contributions or support, whichever occurs first.
The term "candidate" has the same meaning when applied to a judge seeking
election to judicial or non-judicial office.'1
<).
That clearly STEWART is a "candidate" as defined by Canon 7(H).

10.
STEWART'S letter referenced above, states that he will "retire effective September
6,2015".
II

That a clear reading of the Judicial Canon's prohibits STEWART from being a
candidate for Caddo District Attorney at the same time that he remains on the Court.
12.
That a hearing needs to be held, on an expedited basis, to interpret Judicial Canon 7
to determine if STEWART has violated the same.

WHEREFORE SETTLE prays for a hearing to be conducted to interpret Code of

Judicial Conduct Canon 7 to determine if JAMES E. STEWART, SR. may remain as a Judge
with the State of Louisiana, Court o f Appear, Second Circuit while a candidate for the Caddo
Parish District Attorney's office.
FURTHER PRAYS that a hearing be conducted on an expedited basis for the
declaratory relief prayed for herein.
FURTHER PRAYS for all orders and decrees necessary for full, general and equitable
relief.

JOHN E. SETTLE, JR., ATTORNEY AT

LAW (A PROFESSIONAL CORPORATION)
1915 Citi/cns Hank Drive
Bossier City, Louisiana 71111
Fax (318) 742-7170

BY

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PITMAN

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Th& l^onorable Bcrncttc Joshua Johnson

Chief Justice. Louisiana Supreme Court
400 Royal Street
New Orleuns, Louisiana 70I30-fl 102
Dear Chief Justice Johnson:

Please accepl UusJelter as notice of my intent 10 retire effeciive Sojjtemljcr 6, 2015. \n 10 remain at the court u
court cycle will begin August 10. 2015, and it will bs nccessmy for a judge to "be appointed to
handle the cases assigned to me on the August appeal docket, and to handle any writs ami otlier
inalters that might otherwise be assigned to me on or after August 10, 2015. Arguments for the
August appeal docket will be held 9:30 a.m. on August 10S H. 12, and 13,2015,
L have spoken with and understand that Retired Judg-e Curiia Calloway is Rvailable. I will
send a notarized prospective retirement stautmentto the Secretary of Slate.

<C

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J

James E- Stewai'U Sr.

JES/lis
Scott J. Crichtoa. Justice, Louisiana Supreme Court
Sandra A. Vujnavicli, Judicial AcSminisicator. Louisiana Supreme Court
Hetuy N. Browiv Jr., Ctiscf Judge, Second Circuit Court of Appeal
Judges, Second Circuit Cout of Appeal
Lillian E. Richie, Clerk and Judicial Administrator, Second Circuit