The State of Louisiana is appealing a judge's ruling that Louisiana Supreme Court Justice Bernette Johnson has the seniority that entitles her to become the court's next chief justice.
Friday's court filing by a lawyer representing Gov. Bobby Jindal's office asked the 5th U.S. Circuit Court of Appeals to review U.S. District Judge Susie Morgan's ruling. Morgan sided with Johnson's bid to become the state's first black chief justice and succeed Justice Catherine Kimball when she retires in 2013.
Johnson had sued to block her colleagues from deciding the matter.
Three federal judges in New Orleans have recused themselves from presiding over Louisiana Supreme Court Justice Bernette Johnson's lawsuit seeking to block her colleagues from debating and voting on whether she is legally entitled to be the court's next chief justice.
The case was transferred Friday to U.S. District Judge Susie Morgan after three other judges — Jay Zainey, Ivan Lemelle and Carl Barbier — disqualified themselves. It wasn't immediately clear if Morgan will keep the case.