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McCAIN v. GRANT PARISH POLICE JURY

No. 83-288.

440 So.2d 1369 (1983)

W.T. McCAIN, Judge of the Thirty-Fifth Judicial District Court, Plaintiff-Appellee-Appellant, v. GRANT PARISH POLICE JURY, et al., Defendants-Appellants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

November 9, 1983.

Attorney(s) appearing for the Case

William J. Doran, Jr., Baton Rouge, for defendant-appellant.

Durrett, Hardin, Hunter, Dameron & Fritchie, Ben W. Lightfoot, Baton Rouge, for plaintiff-appellant-appellee.

Ernie Lynn Vallery, Pollock, and R. Gordon Kean, Jr. of Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, for plaintiff-appellee.

Joseph P. Beck, II, Dist. Atty., Parish of Grant, Colfax, for defendants-appellants-appellees.

Before DOMENGEAUX, GUIDRY and CUTRER, JJ.

CUTRER, Judge.

The sole issue in this appeal is whether a district court may, by mandamus, require a legislative body (Police Jury of Grant Parish) to budget funds necessary for the effective and efficient operation of the district court. This issue is res nova in Louisiana. After reviewing the most basic concepts of separation of power in our constitution, cases and scholarly articles from other jurisdictions, we, with no difficulty, find that courts have the inherent...

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