By ROBIN SHANNON

L’Observateur

CONVENT – A St. James Parish judge ruled late Friday that St. John the Baptist Parish Judge Madeline Jasmine is not eligible to run for a seat on the state’s 5th Circuit Court of Appeals due to residency requirements.

St. James Parish residents Georgette Matassa and Phyllis Rodrigue, both of Convent, filed suit after the qualifying period ended to contest Jasmine’s candidacy for the 2nd District, Division A seat. The plaintiffs charged that since Jasmine’s qualifying filing information indicates that she lives in Edgard, she is not eligible to seek the position.

Jasmine’s attorney, Ernest Jones, said in court Friday that the lawsuit represents “an interpretation which leads to a disqualification.” He also said the voters in the district should be the ones to decide whether Jasmine is qualified. He said many of the rulings rendered in the district would affect residents in the area Jasmine currently resides.

“The election of the person of your choice is the bottom line in this case,” Jones said.

Judge Jane Triche-Milazzo of the 23rd Judicial District said in her ruling “the Legislature’s use of the term ‘district’ leads to the conclusion that if the Legislature had intended to have the voters of a district elect a judge from a pool of candidates domiciled in the circuit at large then the Legislature would have specifically provided for that possibility.”

The 2nd District of the 5th Circuit Court includes all of St. James Parish as well as the east bank of St. John. Edgard is located on the west bank of St. John. Legal requirement rules indicate that candidates must live within the appeals court district for a year prior to qualifying for the election.

During the hearing, which began Thursday afternoon, Jones had requested that Triche-Milazzo recuse herself from the case arguing that her decision has an affect on the area she represents. The request resulted in an hour-long recess Thursday while awaiting the arrival of Lafourche Parish Judge Jerome Barbera III, who heard the recusal.

Barbera denied the recusal request ruling judges are “presumed to be impartial.”

The incumbent for the seat is Jude Gravois, who won a special election last year to take over the unexpired term of Tom Daley. Daley resigned from the seat after he was elected St. John Parish District Attorney in 2008.

Jasmine served as the interim judge while the election was taking place.

Gravois’ other opponent in the October race is LaPlace attorney Daniel Becnel Jr. Gravois defeated Becnel’s wife, St. John Parish Judge Mary Hotard Becnel, in the special election last April by a 2 percent margin.

Becnel, incidentally, represents two St. John Parish residents in a federal lawsuit to redraw the 5th circuit’s district lines. The 5th circuit includes Jefferson, St. Charles, St. John and St. James parishes.

The suit indicates that the lines have not been altered since 1980. The plaintiffs argue that the 5th Circuit’s makeup — six judges elected in Jefferson Parish, one judge elected in the St. Charles/west St. John parishes district and one judge in the St. James/east St. John parishes district — minimizes the power of St. John Parish voters.

Becnel argued Thursday that Jasmine’s ruling should be postponed until a ruling on the lawsuit is rendered. Becnel’s motion was denied by Triche-Milazzo.

Jones said he plans to appeal Triche-Milazzo’s final ruling sometime late this week.