St. Tammany Parish coroner wants bill targeting coroner’s office declared ‘unconstitutional’
ST. TAMMANY PARISH, La. (WGNO) — A lawsuit has been filed on behalf of the St. Tammany Parish coroner, suing the State of Louisiana and St. Tammany Parish over a bill that was recently signed by Gov. Jeff Landry.
The parish’s coroner, Dr. Christopher Tape, claims Act 526, which transfers control of the coroner’s tax revenue and assets to the St. Tammany Parish Government, is unconstitutional.
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The bill places new requirements on candidates who qualify to run for St. Tammany Parish coroner. The new requirements for a candidate for coroner include that they be “of good moral and ethical character and temperate habits.”
Tape claimed that the bill is a “violation of the State Constitution taking authority from the Judicial Branch giving it to the Executive Branch violating the separation of powers.”
He adds that it’s also unlawful because it only applies to the St. Tammany Parish Coroner’s Office.
“This ongoing witch hunt is becoming even more ridiculous,” said Tape.
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The bill, authored by Senator Patrick McMath, comes after an investigation that led to the discovery of 23-year-old criminal allegations against Tape, which were dismissed.
“To suggest that a long-ago, dismissed allegation is suggestive of poor character is as ridiculous as suggesting that someone with arrests for DWI or illegal drug possession is unfit to be a state senator or parish president. It’s equally absurd to apply such criteria only to one elected official, in a single parish,” Tape said. “This law is unconstitutional on its face, and I hope the Court will strike it down and keep control of this office where it belongs – with the voters, not politicians.”
McMath, who represents the area Tape serves, released a statement in response to the lawsuit:
“In February, Dr. Tape sent the St. Tammany legislative delegation a letter supporting this legislation; now, he is wasting taxpayer dollars fighting it in court. I want to thank my colleagues in the legislature for their unanimous support, and we appreciate Governor Landry’s signing of this bill.”
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“He’s choosing to spend his time and money on silly lawsuits and not actually serving the people of our community,” said Noble-Bates Young, an organizer of the ongoing recall petition against Tape. “It’s just one more tick on the strike bar against him in our book,”
Along with helping organize the recall petition, Young works for McMath as his legislative assistant.
Young disagrees with the notion that her involvement with the recall effort creates a conflict of interest.
“I have long stood for things in our community before I worked with Senator McMath, and he’s allowed me to stand up for this one as well,” said Young.
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Some agree with Tape that the legislation is unconstitutional.
Terry King with the group Concerned Citizens of St. Tammany released a statement.
“While CCST agrees that Article V of the state constitution is in need of significant changes, the organization is not in favor of placing a judicial branch quasi-state agency under the control of parish executive or legislative control. We strongly support the separation of powers enshrined in our constitution and expect our government to follow the proper process in amending it when necessary.”
St. Tammany Parish President Mike Cooper chimed in as well.
“We have not yet been served with the lawsuit and will not respond until we have received the suit and consulted with our legal advisors. However, the intention of my administration was to restore oversight of the finances and property of the Coroner’s Office to Parish Government, as is the case in the vast majority of Louisiana parishes.”
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