Judge denies AG bids for public hearing

Federal Judge Carl Barbier denied two motions made by Louisiana Attorney General James D. “Buddy” Caldwell that would have provided public input regarding state’s rights for the establishment of a coordinating committee to look into lawsuits related to the BP Deepwater Horizon oil spill and the structure established for court proceedings related to multi-district litigation that is pending in federal court.

Caldwell had previously objected to state authority being transferred to independent lawyers and federal representatives who might not have the full interests of Louisiana claimants as their priority. He also voiced concern that federal courts were denying residents of Louisiana their independent rights. The federal court denied each motion without a hearing.

In January, 16 other states joined Louisiana in its protest of the federal intervention and filed a motion that a separate coordinating committee representing individual state interests, with each state’s own attorney general serving as a liaison for their individual states, be established.

“This latest order is a direct denial and abridgment of the constitutional rights of the citizens of the state of Louisiana including the constitutional right to their own counsel,” Caldwell said. “[It] is a discriminatory action that transcends the bounds of proper federal/state relations and state sovereignty rights.”

Caldwell suggested that it was particularly disturbing to him that Barbier acted without allowing opportunity for him or attorneys general from the 16 other states involved in his motion to present their case in open court.

“The citizens of these states have constitutionally elected their own attorneys general to handle and protect their legal interests and these elections should be honored,” Caldwell said.

The Times-Picayune reported that Barbier told participants at a BP oil spill litigation on Friday that he wasn’t trying to deny the State of Louisiana a voice in the proceedings, but wanted to streamline litigation.

“What I think was perhaps misconstrued is that it was portrayed as somehow denying the state of its own counsel. There is no intent to do that,” Barbier was reported to have said. “All the court was endeavoring to do was to allow the parties to continue to coordinate their discovery efforts.”

Pleadings to request relief are being prepared by Caldwell in an effort to appeal the decision.