Jeff Mercer, LLC v. Louisiana Department of Transportation and Development, et al.

This Court has stressed the importance of two fundamental principles of Constitutional Due Process: (1) a fair trial before an impartial judge and (2) notice and an opportunity to be heard. The present case involves violations of both of these principles. A Louisiana appellate Chief Judge wrote the opinion for the court reversing a $20 million unanimous twelve (12) person jury verdict in favor of Petitioner. Prior to hearing this civil conspiracy case involving the Louisiana DOTD and some of its civil engineers and inspectors, this Chief Judge failed to disclose that his deceased father had been a civil engineer in the same area for the Department of Transportation for almost fifty (50) years. Only after the judgment, Petitioner learned of this fact and filed a Motion to Recuse the Chief Judge, to Vacate the judgment and for a rehearing. The court of appeal never gave notice to Petitioner or its counsel of a hearing on the motions and never gave Petitioner the opportunity to present evidence to demonstrate bias. Rather, the court of appeal, sitting en banc, decided the matter summarily without notice and without a hearing. Thus, the case raises an important question never addressed by this Court, but one that arises frequently throughout our nation’s federal and state court systems: Whether the failure of a court of appeal to give notice or conduct a hearing on a motion to recuse one of its judges, who failed to disclose his family relationship to one party, violates the constitutional due process rights of the other party.