Orleans Parish judge bolts office early, causing tangle at courthouse ...

"I'm looking forward to being below the radar." - Lynda Van Davis

Like Elvis, Orleans Parish Criminal District Judge Lynda Van Davis has left the building. And caused a stir in the process.

Davis announced her resignation in July effective Dec. 31, saying she was leaving the bench because she was getting married.

But plans changed. Her husband, a U.S. State Department employee, is stationed in Egypt, and Davis recently received federal orders to move overseas this week if she wants to join him in Cairo.

State Supreme Court Justice Bernette Johnson last week granted an ad hoc judge to fill in for Davis on the Section B bench until the end of the year.

But the Secretary of State's office denied?Davis' Sept. 28?request to move up her resignation date, refusing to let her give up her robe.

A letter to Davis last week from R. Kyle Ardoin, the first assistant secretary of state, cites state law that says notice of resignation or retirement by anyone?but members of the legislature "shall become irrevocable upon such receipt by the secretary of state."

Ardoin wrote that the office has no authority to accept Davis' request to change it.

That has left the court and Davis, 41, a former federal prosecutor who?was?elected to?the bench?in 2003, in a pickle.

She can quit now and bolt for Egypt, but she might risk disciplinary action if she ever returns to practice law.

Making matters worse, the Metropolitan Crime Commission recently found that the Section B courtroom Davis left?this week?carried the most clogged docket at Tulane and Broad last year, with some 350 pending, slowly moving?cases.

An empty courtroom would only add to the load.

To get around the trouble, Davis sent a letter Wednesday to Criminal District Chief Judge Camille Buras, saying she would take?2 1/2 months leave, to which she is entitled, then return to the bench Dec. 3.

On Thursday, Buras requested in a letter that the Supreme Court appoint an ad hoc judge for the next four weeks. But that leaves another six weeks where Davis' courtroom would go dark -- unless she returns.

In her letter, Davis said she chose to put in for her resignation in July to avoid?a?costly special election for her seat.

Judicial Administrator Robert Kazik said Davis did not reach the minimum 10-year eligibility to receive a pension, but could pull out her own retirement contributions if she chooses.

The issue is not quite sorted out yet, and Davis -- who was busy packing Friday -- didn't sound like someone wanting to come back for a few weeks of judge duty.

"I'm looking forward to being below the radar," she said, declining to discuss it further.

But its refusal to allow her to move up her resignation date means, at least for the time being, that the winner of the race to fill her seat for the next two years still can't take the bench until January -- since technically Davis remains the judge.

Juvenile Court Judge Tracey Flemings-Davillier and former Orleans Parish prosecutor Glen Woods are vying for the seat.

Retired?judge Judge Jerome Winsburg will fill in at Section B beginning Monday.

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Source: http://www.nola.com/crime/index.ssf/2012/10/orleans_parish_judge_bolts_off.html

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