Atty. General Candidates on the Issues

Two Republican candidates for Attorney General — incumbent Buddy Caldwell and challenger Jeff Landry — sought the endorsement of the Republican Party of East Baton Rouge Parish.

Both candidates appeared before the 17-member Executive Committee of the party and asked for support.  However, one of the candidates — Jeff Landry — refused to answer the party’s questionnaire, which included information about each candidate’s qualifications for the office, his legal philosophy, his political philosophy, and his stand on many current issues facing the Attorney General’s office and the state and nation as a whole.

Here are the responses received from the two candidates:

EXPERIENCE

1. Please describe your legal education.

CALDWELL: J.D. from Tulane; Associate Editor, Tulane Law The Forum; Distinguished Award, Tulane Moot Court.

LANDRY: Did not respond.  The committee is aware that Landry graduated from Loyola Law School in 2005.

2. Please name the state and federal courts before which you are admitted to practice.

CALDWELL: All state and federal courts in Louisiana including the United States Court of Appeals for the 5th Circuit, and United States Supreme Court

LANDRY: Did not respond.

3. Please fully describe your experience in civil practice.

CALDWELL: As District Attorney for 29 years in the 6th Judicial District, I handled civil matters for the local police juries, levee board, hospital service districts, school boards, and port commissions. In my private practice experience, I handled business disputes, personal injury matters and other areas typical of a small town country practice.  As Attorney General, for 8 years I have been personally involved in overseeing and managing complex litigation for the state in the BP matter, same sex marriage cases, Chinese Drywall litigation, Medicaid fraud, pharmaceutical and other important cases where Louisiana is a party. In addition to overseeing and managing the state civil litigation, I make personal appearances from time-to-time to argue in court motions, select juries, and otherwise shepherd civil cases through the court system.

LANDRY: Did not respond.

4. Please fully describe your experience in practicing criminal law.

CALDWELL: I served as district attorney for 29 years representing the 6th Judicial District, which includes the parishes of East Carroll, Madison and Tensas. As district attorney, I personally tried all major felony cases and achieved a 99 percent conviction rate. Also, I have trained numerous lawyers working for my offices and taught continuing legal education classes about criminal law litigation best practices and procedures.

LANDRY: Did not respond.

5. Please state your experience in trying cases before a jury.

CALDWELL: I have tried all major felony cases as District Attorney for 29 years, and all were jury cases. As Attorney General for the past 8 years, I have tried cases before juries, but importantly, I have continuously offered advice to assist lawyers employed by me with trying their cases before juries.

LANDRY: Did not respond.

6. Please state your experience in trying complex civil cases.

CALDWELL: Handled BP oil spill, AWP litigation, Chinese Drywall, etc. See also #3 above.

LANDRY: Did not respond.

7. Please describe any appearance you have made before the United State Supreme Court, the Louisiana Supreme Court, or other appellate courts.

CALDWELL: United States Supreme Court, Connick v. Thompson 131 S. Ct. 1350(2011). Successfully argued and obtained reversal of a $14 million judgment which had been rendered against the Orleans Parish District Attorney. Numerous career appearances (as DA and AG) in the Louisiana Supreme Court including successfully protecting the criminal case file in the Dr. Anna Pou case. Numerous appearances in the state and federal appeals courts in EPA related matters, Obamacare, same sex marriage, countless criminal and habeas matters (State v. Woodfox), etc.

LANDRY: Did not respond.

8. Please provide one or more samples of your legal writing such as law review articles, judicial opinions, briefs, or other legal arguments that will show your ability to handle serious legal issues.

CALDWELL: See attached copies of briefs and correspondence.

LANDRY: Did not respond.

9. Please describe your experience in administering or managing a prosecutor’s office, law firm, or business organization.

CALDWELL: Attorney General, State of Louisiana, for the past 8 years. District attorney for 29 years representing the 6th Judicial District, which includes the parishes of East Carroll, Madison and Tensas. Former President of Louisiana Dis

CALDWELL: Attorney General, State of Louisiana, for the past 8 years. District attorney for 29 years representing the 6th Judicial District, which includes the parishes of East Carroll, Madison and Tensas. Former President of Louisiana District Attorneys Association (LDAA), including serving on the Executive Board and Legislative Committee. This organization represents and assists District Attorneys’ offices.

LANDRY: Did not respond.

CONSTITUTION AND

GENERAL GOVERNMENT

10. A. Right to Life.  Are you of the opinion that in Louisiana the unborn child is a legal person who may not be deprived of life through abortion without due process of law?

CALDWELL: YES, I believe life is sacred and begins at the moment of conception.

LANDRY: Did not respond.

B. (1) Do you support the concept of traditional marriage?

CALDWELL: YES, I believe marriage is between one man and one woman, period.

LANDRY: Did not respond.

(2) Do you believe that the Louisiana Supreme Court’s decision upholding traditional marriage is sound?

CALDWELL: YES

LANDRY: Did not respond.

(3) Will you work to overturn the United States Supreme Court decision?

CALDWELL: YES

LANDRY: Did not respond.

(4) Will you work to limit the effect of this decision?

CALDWELL: Yes, I was the first Attorney General in the United States to successfully defend his state’s constitutional definition of traditional marriage against attacks by organizations which had won in every previous state. When they filed in Louisiana, Attorney Generals in other states told me not to fight and that I would lose and it was a waste of time. I fought and won in the Federal Eastern District Court in New Orleans. Subsequently, several other states, following my lead, also won and protected their constitutional definitions of marriage.

LANDRY: Did not respond.

C. Right to Keep and Bear Arms. Do you hold to the view that the right to keep and bear arms is considerably more far-reaching under the Louisiana Constitution and that the legislature is very limited in how far it may go in regulating firearms? 

CALDWELL: The Constitution of Louisiana, voted on by its citizens, overrides any statute where there is a conflict. The Legislature, by legislative act, cannot override the Louisiana Constitution and restrict or narrow the right to bear arms established in our Louisiana Constitution. Our Constitution, in making the right to bear arms a personal right, has created a stronger right than the U.S. Constitution (although I believe the right to bear arms is protected under the United States Constitution).

LANDRY: Did not respond.

D. Right to Property. Please describe your views on the Right to Property as provided in the Louisiana Constitution.

CALDWELL: One of the corner stones of our democracy is the right of private ownership of private and any attempt to infringe on that must be viewed with great skepticism.

E. Right to Privacy. (1) Are you concerned about invasions of citizens’ Right to Privacy by government at all levels?

CALDWELL: Yes

LANDRY: Did not respond.

(2) Do you believe the Right to Privacy provision of the Louisiana Constitution can provide relief to citizens who are aggrieved by such invasions of privacy?

CALDWELL: Yes

LANDRY: Did not respond.

(3) Do you oppose efforts by the state or federal government to monitor private communications by American citizens without a warrant signed by a judge particularly describing the person, place, and lawful reason for the search and seizure?

CALDWELL: Yes

LANDRY: Did not respond.

F. Access to Public Records. Are you committed to protecting citizens’ right to an open government under the Constitution and laws of Louisiana, even if powerful political leaders attempt to restrict lawful access by the public?

CALDWELL: Yes – definitely.

LANDRY: Did not respond.

11. Who are your judicial role models? Why?

CALDWELL: Scalia and Thomas are the best on the Court. They believe in less government as well as protection of individuals from big government; whether the issue is the right to bear arms or EPA regulations

LANDRY: Did not respond.

12. What other jurists from the past would you consider your role models?

CALDWELL: Above

LANDRY: Did not respond.

13. Do you agree that judges should interpret laws, including the Constitution, according to the document’s text and structure, giving due regard to legislative intent? 

CALDWELL: Yes, Judges are supposed to apply the clear text of law as revealed by legislative intent to different sets of facts without straying into philosophy, policy, or social engineering.

LANDRY: Did not respond.

14. Rate your judicial philosophy on a scale of 1-10 with “strict constitutionalist approach” being a 10 and a “living document approach” being a 1: _______

CALDWELL:10-Strict Constitutionalist

LANDRY: Did not respond.

15. Does a judge have the right to display the Ten Commandments in his or her courtroom? 

CALDWELL: I believe the Ten Commandments form the basic fabric of our legal principals in America. They have rightly found their way into our laws and Constitution. Judges are bound by these basic tenants and should be able to openly display these fundamental rules of our land.

LANDRY: Did not respond.

16. Should the Code of Judicial Conduct (ethics code for judges) include protection of people on the basis of so-called “sexual orientation”? 

CALDWELL: No

LANDRY: Did not respond.

17. Violent crime, particularly youth violence, is perceived to be at a crisis level by many today. What, if anything, do you believe is the appropriate role for your office in addressing this crisis?

CALDWELL: Enforcing all laws to the best of my abilities and authority of my office as Attorney General.

LANDRY: Did not respond.

18. What do you think about the growing prison population? What response should government have to the growing prison population?

CALDWELL: Prison populations are governed by the application of our laws to criminal activity. I oppose releasing so called “non-violent” offenders to reduce such populations.

LANDRY: Did not respond.

19. Do you feel the war on drugs has been effective or ineffective? Why or why not?

CALDWELL: No – it has been ineffective. The statistics on crime involving use and sale of drugs shows a steady increase at an alarming rate.

LANDRY: Did not respond.

20. Do you favor keeping it illegal for Louisiana residents to have access to medical marijuana?

CALDWELL: Yes, dosages need to be set by the Food and Drug Administration.

LANDRY: Did not respond.

21. Do you believe that all citizens have adequate access to legal help and the legal system? If not, what can be done to provide wider and better access?

CALDWELL: Yes

LANDRY: Did not respond.

22. What do you perceive as the greatest obstacles to justice in our state?

CALDWELL: Activist Judges

LANDRY: Did not respond.

23. Do you favor the current system of electing judges? 

CALDWELL: I believe that frequent election of judges for shorter terms is the best way to ensure accountability to our citizens. President Obama’s appointment to the U.S. Supreme Court for life time appointments shows the vulnerability of such a system to corruption, politics, lobbyists, and radical political swings of power as well as social engineering.

LANDRY: Did not respond.

24. What is your vision for the future of our judicial system? What changes would you advocate and why?

CALDWELL: See answer to question 23 above.

LANDRY: Did not respond.

25. Would you favor or oppose a system that facilitates reporting all sentencing decisions by judges to the news media, indexed by the name of the judge?

CALDWELL: Yes, I would favor.

LANDRY: Did not respond.

26. Do you believe the current system for disciplining judges is effective? Why or why not?

CALDWELL: No, it is not effective, it should be more transparent.

LANDRY: Did not respond.

27. Do you support the security of our elections by:

(a) Requiring proof of U. S. citizenship for all new registrations?

(b) Requiring proper I.D. from all persons casting a ballot?

(c) Requiring a good reason and proper safeguards for voting by mail?

(d) Prohibiting voting online?

CALDWELL: Yes to all four.

LANDRY: Did not respond.

28. Do you favor the death penalty for crimes such as 1st degree murder?

CALDWELL: Yes – absolutely, the death penalty has been shown to save lives especially those of our law enforcement officers.

LANDRY: Did not respond.

29. Do you support the ban on Internet gambling?

CALDWELL: Yes

LANDRY: Did not respond.

30. President Obama repeatedly refuses to enforce federal law. Yet, he attempts to “make law” by using his power to issue Executive Orders. What are your ideas on how the states can force Obama and the federal government to follow the law? 

CALDWELL: We must fight to avoid such actions. When President Obama issued his executive order on amnesty, he qualified it by saying he had waited long enough for congress to pass a bill on such issues – such action by the President usurped the power of the legislative branch and threatened the balance of power established under the Constitution of the United States. He might as well have issued a judicial opinion because “he waited long enough for the U.S. Supreme Court to issue an opinion”. When the amnesty order was issued, the Texas Attorney General (now governor of Texas) called our office for support because we often work together. We joined Texas in seeking an injunction against President Obama’s order. I spoke at a national meeting of the Attorney Generals regarding this suit and asked for other states to join. The First Assistant in Texas informed my First Assistant Attorney General that my speech was all that was needed to get the other states to join. Subsequently, twenty four Republican Attorney Generals joined us. We won and the executive order is still stayed by a court ordered injunction

LANDRY: Did not respond.

31. Do you see yourself as an activist Attorney General who will take the lead on many controversial issues or will you react to the issues as they arise? Please explain.

CALDWELL: I have been active in leading the fight against federal overreach. I joined the initial suit against Obamacare. I successfully fought the executive order on amnesty. I won the first suit In Federal District Court protecting Louisiana’s definition of marriage and I have opposed major EPA regulations that destroy our rights and hamper our industries. In 2011, I was awarded by the Baton Rouge Tea Party, their “Common Sense” award for my opposition to Obamacare.