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J. Robert Wooley
State Farm, et al.
No. 502-311

Preliminary Opinion Memo from the Court

Final Opinion

The following oral reasons were assigned this date in this matter: “With respect to Robert Wooley v. State Farm, and the companion case above, the Court hereby renders as follows, with the extended oral reasons to be placed of record tomorrow morning at nine-thirty. The Court having had the opportunity to view, in pari material, the actions of the administrative tribunal in the Trinity matter and its companion case the Wooley matter, the Court is of the opinion that in both instances the administrative tribunal has exercised power which has been reserved to the judiciary branch. In sum and substance, the administrative tribunal officers have construed issues of law that are reserved unto the judiciary of the Louisiana department, tripartite, which exercise is prohibited by the constitution of this great state in the following particulars. Firstly, such power of enactment, enforcement, and adjudication has been reserved by the great people of the state in and unto themselves, not ceded to the judiciary. Nonetheless, the legislative powers have allowed enactments to purport to undermine the people of this state and to adjudicate questions of law in violation of the Louisiana Constitution and Marbury v. Madison, which is two hundred years old this year. Nonetheless, the Court is not required in Trinity, because of the stipulation of the parties, to reach that issue. The Court hereinafter will refine its findings in Wooley v. State Farm, et al. Judgment to be singed accordingly.
(D. Martin, Thurs. 6-5-03)


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