Louisiana Code of Criminal Procedure 684 – Review of recusal ruling
Terms Used In Louisiana Code of Criminal Procedure 684
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. If a district attorney is recused over the objection of the state, the state may apply for a review of the ruling by supervisory writs. The defendant may not appeal prior to sentence from a ruling recusing or refusing to recuse the district attorney.
B. If a judge is recused over the objection of the state or the defendant, or if a motion by the state or the defendant to recuse a judge is denied, the party’s exclusive remedy is to apply for a review of the ruling by supervisory writs. A ruling recusing or refusing to recuse the judge shall not be considered on appeal.
C. Upon ruling on a motion to recuse a judge, the judge shall advise the defendant in open court or in writing that the ruling may be reviewed only by a timely filed supervisory writ to the appellate court and shall not be raised on appeal.
Acts 1997, No. 887, §1; Acts 2022, No. 42, §1.