Fill and Sign the Louisiana Motion Order Form

STATE OF LOUISIANA : ______ JUDICIAL DISTRICT COURT VS : ______ PARISH, LOUISIANA _____________ : DOCKET NO. ______ ______________________________________________________________________________ MOTION TO RECUSE The defendant, _____________ , through undersigned counsel, moves to recuse the Judges of the ______ Judicial District Court from hearing the defendant = s motion to compel compliance with the ruling of the Louisiana Supreme Court requiring assignment of this case to a judge in a manner which does not permit the District Attorney to determine the judge before whom the case will be tried, the original of which is made a part hereof by reference thereto, for the following reasons: 1. The defendant contends the judges of this district have not complied with the ruling of the Louisiana Supreme Court which requires the random allotment of the criminal cases and required the adoption of other rules of criminal court. 2. The judges of this district voted to implement the system which is under attack by the defendants. The defendant contends the judges have not complied with the order of the Louisiana Supreme Court for the reasons stated in their motion attacking the present system, the original of which is attached to this motion and is made a part hereof by reference thereto. 3. Code of Criminal Procedure Article 671 provides that in a criminal case a judge shall be recused when he A is biased, prejudiced, or personally interested in the cause to such an extent that he would be unable to conduct a fair and impartial hearing. @ The judges of the ______ Judicial District Court have already expressed an opinion that the current system is in compliance with the order of the Louisiana Supreme Court by voting to implement such a system. Therefore, they cannot objectively, and in a fair and impartial manner, judge the merits of the defendant = s motion. 4. Article 671 of the Code of Criminal Procedure also provides that a judge shall be recused if he A would be unable, for any other reason, to conduct a fair and impartial hearing. @ In this case, the judges of the ______ Judicial District cannot fairly decide that they are not in compliance with the ruling of the Louisiana Supreme Court or that they are in violation of the United States Constitution and the Constitution of the State of Louisiana. They have already voted to implement a system which they feel complies with the ruling of the Louisiana Supreme Court and is not in violation of the State and Federal Constitutions. Therefore, they would be unable to conduct a fair and impartial trial of the motion. WHEREFORE, the defendant, _____________ , through his undersigned counsel, prays that the judges of the ______ Judicial District Court recuse themselves from hearing the defendant = s attached motion. Respectfully Submitted, ______________________________ _____________ ______ Parish I.D. Board _____________ ______ , LA ______ ( ___ ) ______ STATE OF LOUISIANA : ______ JUDICIAL DISTRICT COURT VS : ______ PARISH, LOUISIANA _____________ : DOCKET NO. ______ _____________________________________________________________________________ ORDER Considering the foregoing motion: IT IS ORDERED that the motion be filed and that the State of Louisiana show cause on the _____ day of _____________, 20 ___ at ______ o = clock _____.M. why the motion to recuse should not be granted. _____________ , Louisiana this _____ day of _____________, 20 ___ . _____________________________ DISTRICT JUDGE