Politics cited in custody case struggle
Speaker’s wife ends effort to move suit using ’07 law
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The wife of Louisiana Speaker of the House Jim Tucker dropped her effort to change the judge presiding over a child custody dispute with her ex-husband.
Marisol Tucker attempted to move the child custody and support lawsuit from state district court in Plaquemines Parish to one in Orleans Parish. She relied on a state law her lawmaker husband pushed.
Tucker’s ex-husband, David Lannes of Naperville, Ill., filed a constitutional challenge of the jurisdiction change law and his attorney sought to compel a dozen legislators to testify in the proceeding.
Tucker, R-Terrytown, refused comment Monday. Marisol Tucker’s lawyer, Mitchell J. Hoffman of New Orleans, did not return a call seeking comment.
Marisol Tucker withdrew her motion and the order was signed by 25th Judicial District Judge Anthony D. Ragusa Jr. of Belle Chasse on Dec. 17. It became available Monday.
During the 2007 legislative session, Tucker testified before both House and Senate committees urging passage of House Bill 501. It allowed a divorced party who moved in the months after the hurricanes to transfer the case to a more convenient court.
The measure, sponsored by Tucker’s friend, state Rep. Jeff Arnold, D-Algiers, was designed to help evacuated victims of hurricanes Katrina and Rita.
HB501 was signed into law by then-Gov. Kathleen Blanco in June 2007. The Tuckers married in July 2006 and moved into a house in Orleans Parish. In September 2007, Marisol Tucker asked to have the lawsuit with her former husband transferred to Orleans Civil District Court.
Lannes and his lawyer, David M. Hufft of Belle Chasse, responded in pleadings by saying the law on which Marisol Tucker relied “is an unconstitutional, classic example of Louisiana politics at its best … Rep. Tucker’s statements and actions show a conflict of interest by directly supporting legislation which would affect ongoing litigation to which his wife is a party.”
Hufft refused comment, his secretary, Kim Guidry, said Monday.
To keep legislators from having to testify in the case, House Clerk Butch Speer in December 2007 argued that the provision applies to anyone whose former spouse lives out of state and moved shortly after the two hurricanes. The lawmakers never testified.
Lannes said Monday that dropping the matter derailed what would have been a hearing on whether the law — “which was probably never used by anyone but this one person” — was constitutional.
“Let people draw their own conclusions,” Lannes said.
Marisol Tucker attempted to move the child custody and support lawsuit from state district court in Plaquemines Parish to one in Orleans Parish. She relied on a state law her lawmaker husband pushed.
Tucker’s ex-husband, David Lannes of Naperville, Ill., filed a constitutional challenge of the jurisdiction change law and his attorney sought to compel a dozen legislators to testify in the proceeding.
Tucker, R-Terrytown, refused comment Monday. Marisol Tucker’s lawyer, Mitchell J. Hoffman of New Orleans, did not return a call seeking comment.
Marisol Tucker withdrew her motion and the order was signed by 25th Judicial District Judge Anthony D. Ragusa Jr. of Belle Chasse on Dec. 17. It became available Monday.
During the 2007 legislative session, Tucker testified before both House and Senate committees urging passage of House Bill 501. It allowed a divorced party who moved in the months after the hurricanes to transfer the case to a more convenient court.
The measure, sponsored by Tucker’s friend, state Rep. Jeff Arnold, D-Algiers, was designed to help evacuated victims of hurricanes Katrina and Rita.
HB501 was signed into law by then-Gov. Kathleen Blanco in June 2007. The Tuckers married in July 2006 and moved into a house in Orleans Parish. In September 2007, Marisol Tucker asked to have the lawsuit with her former husband transferred to Orleans Civil District Court.
Lannes and his lawyer, David M. Hufft of Belle Chasse, responded in pleadings by saying the law on which Marisol Tucker relied “is an unconstitutional, classic example of Louisiana politics at its best … Rep. Tucker’s statements and actions show a conflict of interest by directly supporting legislation which would affect ongoing litigation to which his wife is a party.”
Hufft refused comment, his secretary, Kim Guidry, said Monday.
To keep legislators from having to testify in the case, House Clerk Butch Speer in December 2007 argued that the provision applies to anyone whose former spouse lives out of state and moved shortly after the two hurricanes. The lawmakers never testified.
Lannes said Monday that dropping the matter derailed what would have been a hearing on whether the law — “which was probably never used by anyone but this one person” — was constitutional.
“Let people draw their own conclusions,” Lannes said.
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