Letter To Council-Mayor 3.8.23

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POST OFFI CE DRAWER 3344

LAFAYETTE, LOUISIANA
OFFICE OF TH E
70502 CIVIL, CRIMINAL, TRAFFIC
TELE PHONE: (337) 291-8720 AND
City Court of Lafayette JUVENILE JURISDICTION

March 8, 2023

Mr. Josh Guillory


Mayor-President
City of Lafayette, Parish of Lafayette
705 West University Avenue
Lafayette, LA 70502

Mr. Glenn Lazard


Chairman, Lafayette City Council
705 West University Avenue
Lafayette, LA 70502

Mr. Josh Carlson


Chairman, Lafayette Parish Council
705 West University Avenue
Lafayette, LA 70502

Re: Possible Relocation of Lafayette City Court


and Lafayette City Marshal

Dear Mayor-President Guillory, Chairman Lazard, and Chairman Carlson:

This letter follows the Court's telephone conversation with LCG attorney,
Greg Logan on March 7, and in discussions that same day during the City Council
meeting concerning the potential relocation of the Lafayette City Courthouse. Due
to the numerous news stories and inquiries prompted by the announcement of a
proposed HUD financed public-private partnership utilizing the existing
courthouse property, we want to document the chronology of events leading to this
point and confirm the fundamental concerns that should be addressed in making
any such decision.

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On Tuesday afternoon, February 28, a press release was issued by the
Administrative Office of Lafayette Consolidated Government ("Mayor-
President"), which reported that the Mayor-President planned on relocating the
City Court and City Marshal from the present City Court building to a different,
yet to be determined site, in order to accommodate a privately owned 208-
residential unit apartment complex with a city-owned parking garage. It must be
unequivocally understood that prior to this release, we had no notification, except
rumors, of this proposal. We shortly thereafter learned that this proposed
agreement has not been approved by the City or Parish Councils and it appears that
the Councils learned of this proposal in the same fashion as the Court and the City
Marshal.

First, and foremost, we believe that the current city court building is, and
will for several decades more, remain perfectly suitable for the public purpose that
it was constructed, a courthouse. The building housing the City Court and the City
Marshal has served the City and Parish of Lafayette since 1966, with a major
renovation in 1998. The building is in generally good repair. The current assessed
value of the building exceeds $4 million. You may remember that together we put
a new roof on the building (2014) and installed a new HVAC system (2019) at a
cost over $2 million.

We are aware that the City Council has the authority to declare the property
no longer needed for its intended public purpose and relocate the City Court, by
simply duly and validly adopting an Ordinance. Further, we are confident that
you are aware that the Court can only be relocated to facilities which are suitable
for the operations of the Court and Marshal, and suitably convenient for the
taxpayers and citizens who utilize the City Court for both criminal and civil legal
matters every day. We are not aware of any legal authority for the Mayor-
President, in his sole discretion, to lease, sell, or exchange the publicly dedicated
City Court location without approval of the City Council, and possibly the Parish
Council. Since the Parish Council funds, in part, the Marshal's and City Court's
operations (which would presumably include the expenses of moving), the Parish
Council would seemingly also have to appropriate additional funds for any
relocation, again by Ordinance, duly and validly adopted.

We do not question the desire of some to bring a residential development for


mixed-income residents and retail businesses to downtown Lafayette or the need
for additional parking that can be used day and night. Though the City Court has
not initiated this plan to move and redesign our facilities, we recognize that it does
have the potential benefit of providing an opportunity for the leaders of this
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community and court to collaborate on the development of downtown and a new
City Justice Complex. An improved downtown, coupled with State-of-the-art
facilities for the Court, Marshal, Prosecutors and Public Defenders but most
importantly, the citizen-taxpayers could be a national model for the revitalization
of downtown and administration of justice.

If the Councils agree that this relocation of the City Court and Marshal is in
the best interests of the taxpayer-citizens of the City and Parish, then we look
forward to the opportunity to cooperate to the fullest degree possible in making this
move. If that be the case, simple prudence dictates our involvement in the process
of selecting the proposed City Court site and designing the new building, parking
lot, and supporting facilities.

On February 24, 2022, the Court met with City-Parish Attorney Greg Logan
and Mayor-President Guillory at City Hall. Marshal Thomas was not included in
the meeting by the Administration. During this meeting, the Court was informed
that LCG was interested in moving the City Court because the property was needed
to remedy downtown drainage issues. There was no mention made of a potential
public-private development for residential and parking facilities. The War
Memorial Buildings, located on the comer of Pinhook and Jefferson Street, was
mentioned as a possible site for the Court's relocation. The Court informed Mr.
Logan and Mayor-President Guillory that, in fact, The War Memorial Buildings
might well be a suitable site for relocation, assuming that the proper new
construction was done.

On April 21, 2022, the Court received an email from Mr. Logan which
notified the Court that those plans were no longer feasible, and that the Court
would be kept informed as matters progressed. That email was the last
communication received by the Court from the Mayor/President's office on the
subject. If it were an option, we continue to believe that this site would make a
suitable location for the City Court but only if the buildings currently located
thereon are demolished and a suitable complex can be constructed in its place.
However, in the Court's recent conversations with Mr. Logan, and subsequent
conversations with some council members, it was confirmed that demolition and
use of The War Memorial buildings is not a consideration and thus no longer an
option to be a new site for the City Court.

More recently, it came to the Court's attention that the Mayor-President may
want to relocate the Court and Marshal to the building located at 1010 Lafayette
St., the so-called 1010 Building. The Court and Marshal are very familiar with that
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building and do not believe that this would be a suitable facility for the Court's
needs. This Parish owned building has structural, parking and security issues that
we believe cannot be addressed by simple patch work repairs and will recreate the
problems that the 15 th JDC is experiencing with the parish courthouse, and further
compound the legal issues associated with the millage that is dedicated to the
support of the "Lafayette Parish Courthouse Complex."

For the reasons previously listed, the 1010 Building is woefully deficient.
However, there are several additional reasons why the 1010 Building is unsuitable
for use as a courthouse: insufficient elevator capacity, ADA compliant accessibility
and insufficiently secure parking for the judges, staff, public and the Marshal's
units. Because of the size of the building, the three currently necessary courtrooms
(without regard to planning for future growth) would have to be located on
separate floors, causing additional security and personnel problems and
unnecessary confusion for the citizens called to court.

Approximately 55,000 taxpaying citizens from Lafayette Parish and other


areas come to the City Court yearly. Given the vehicular and pedestrian traffic
caused by the proximity of the Sheriffs Office and District Court, the addition of
these 55,000 people would create even more congestion and chaos in the area than
currently exists.

In short, the 1010 Building would need to be substantially rebuilt (if not
razed) and would still not be suitable for the City Court or the citizens it serves.
Unlike the current City Court building, the parish government building located at
1010 Lafayette St., in its long-standing deplorable condition, seems unsuitable for
its public purpose. In truth, many may conclude it may make more sense for the
Parish Council to sell it to a private developer for the production of a mixed
residential and commercial facility downtown rather than demolishing the existing
City Court Building much less investing more taxpayer funds into patchwork
repairs of the 1010 parish building.

During the same telephone conversation, Mr. Logan assured the Court that
neither the War Memorial Building nor the 1010 Building were appropriate sites.
He further stated that a suitable "green field" location was being sought but that no
such location had yet been identified. This statement was also confirmed by the
Mayor/President in his presentation to the Council at its meeting on March 7, 2023,
where he too indicated that no location has been identified as a suitable site for
relocation of the court. We and it appears from the council meeting, you the
council, concur that no suitable location is currently available.
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In summary, while we believe that a relocation of the City Court is
unnecessary, our most essential plea is that, if the Councils deem it in the best
interest of the citizens and taxpayers of this City and Parish, the Court and
Marshal wholeheartedly accept the invitation ·o f the Mayor/President, Mr. Logan
and the council members to be a part of the discussion, planning and construction
of any new City Court location and building. Of course, the Marshal, who is
responsible for courthouse security, must oversee the design of the building
security.

In addition to participation by the Court and Marshal, we urge each of you


and the Councils to consult the National Center for State Courts ("NCSC") to assist
in the evaluation of any location being considered for the City Court. The NCSC
is the nationally recognized authority on the design, planning, security concerns
and building of state courthouses and courthouses for courts of limited jurisdiction,
like the Lafayette City Court.

Finally, we fully agree with the words of the Mayor/President: "We look
forward to continue working with them and to make sure that all of their needs are
satisfied because we have a public interest in that, we also have a duty to make
sure our facilities are up and running safely ... as the process works itself out, ... all
of these needs will be addressed."

If any of you, or any of your fellow Council Members, have any questions of
us, as always, you need merely to call us.

Respectfully,

Douglas J. S . s, Reggie Thomas


Chief Judge e, Division A Lafayette City Marshal
Judge, Division B

Cc: LCG City Council Members


LCG Parish Council Members

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