# Cunningham v. Marullo

> Louisiana Court of Appeal · September 3, 2014 · 2014 La.App. 4 Cir. 0931

URL: https://www.frixlaw.com/law-library/cases/4815170

## Case

- **Full name:** Marian CUNNINGHAM, Lisa Amoss, and Robert Amoss v. Frank MARULLO and Arthur Morrell, In his Official Capacity as Clerk of the Criminal Court for the City of New Orleans
- **Court:** Louisiana Court of Appeal
- **Decided:** September 3, 2014
- **Citations:** 2014 La.App. 4 Cir. 0931; 150 So. 3d 21; 2014 La. App. LEXIS 2078; 2014 WL 4365205
- **Precedential status:** Published
- **Opinion:** Dissent by Bagneris
- **Judges:** Bagneris, Belsome, Bonin, Dysart, III, Jenkins, Landrieu, Ledet, Lobrano, Lombard, Love, McKay, Reasons, Tobias
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4815170

## Opinion text

BAGNERIS, J.,
dissents with reasons.
liThe majority’s opinion differentiates between eligibility requirements to run for office and qualifications to serve in office. I see no such distinction. The purpose of eligibility requirements to run for office is to determine those with the requisite qualifications to serve in office. This Court recognized that purpose in Montelepre v. Edwards, 359 So.2d 1311, 1314 (La.App. 4th Cir.1978) in its finding that “one of the qualifications to be a candidate for office is whether, at the time one becomes a candidate by filing to run for office, it can be determined that one will possess the requirements, if any, for assuming the office.”
The 1921 Constitution which applies to Judge Marullo provides in part that “every judge shall retire upon reaching the age of seventy-five years.” Although a proposed constitutional amendment may do away with age requirements to serve as judge, this Court can only rule on the facts and the law as they now stand. There is no doubt that at present, Judge Marullo, who turns seventy-five years old on December 31, 2014, is prohibited from serving a new term which begins on January 1, 2015. Because Judge Marullo is unable to serve under present law, he is not eligible to run for re-election.
I would reverse the judgment of the trial court; therefore, I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4815170. Public record. Not legal advice.