Names floated for possible replacement of Marullo
9th March 2015 · 0 Comments
By Christopher Tidmore
Contributing Writer
Already multiple potential names are being floated as candidates to replace the recently re-elected Frank Marullo, from two of his 2014 opponents to a recent magistrate court candidate to a well-known judicial insider.
The speculation that there might be a special election for Orleans Criminal Court in the next few months kicked off in late February when the LA Supreme Court ordered that Judge Frank Marullo be “hereby disqualified from exercising any judicial function during the pendency of further proceeding” in a reputed investigation whether the longest serving jurist in the state was too old to stay on the bench.
Marullo had managed to beat a court challenge to his advancing age last fall despite the fact that the current Louisiana constitution institutes a mandatory retirement threshold of 70. The CDC Judge successfully argued that he was first elected under the 1921 constitution, which set the higher age limit of 75, and he did not reach that limit until December 31, 2014, well after the election.
Yet, that is the crux of his current problem. Marullo was not scheduled to take office on his new term until January 1, 2015. While the same public that voted down a constitution amendment last fall that would have removed age limits on judges also re-elected him; nevertheless, the Supreme Court ostensibly expressed concern that Marullo had exceeded his tenure under the state constitution by taking office after 75–even though he took his oath for this final term in early December prior to his birthday.
The Justices appointed Judge Dennis Waldron to sit ad-hoc while they investigate, and since they took this dramatic step, already heavy speculation in political circles has centered on which candidates might run to replace Frank Marullo.
Third place finisher Graham Bosworth has privately expressed interest in another run, according to sources close to the attorney. He was the only candidate who ran openly against Marullo prior to the judge managing to win his case in the fall that he could stand as a candidate. Bosworth’s contention that Marullo would be removed by the Supreme Court if he was re-elected has proven strangely prescient.
Yet, despite an early start, and an active campaign, 36 year old candidate did come in third. Even given his improved name recognition, there are concerns whether Bosworth has the fundraising potential for another bid, especially if an additional contender who stood against Frank Marullo in 2014, also ran. And, reportedly, one is considering such a race.
While Marie Williams did not force Frank Marullo into a runoff as many had expected, and barely edged Bosworth out of second place, 24.38% to 24.30% (a margin of only 79 votes), as the lead African-American contender, she cannot be discounted. Especially considering the Black majority city’s penchant in the last three election cycles often to choose African-American candidates even when the endorsements and financial strength seems to be with their Caucasian opponents.
Yet, there may be a Black candidate for Criminal District Court with far better connections and strength than Williams who also considers ‘throwing her hat in the ring’. Insiders have revealed to The Louisiana Weekly that Brigid Collins, an attorney for the well-connected Frank G. DeSalvo, APLC, has been privately feeling out the possibility of a candidacy should Marullo be permanently removed.
Collins would be able to garner extensive support within the legal community, and some argue even Marullo’s former colleague, current DA Leon Cannizzaro. (Of course, the District Attorney has made no public pledge of support for any candidate at this time.)
However, a potential candidate often spoken of as a possible replacement for Marullo has also been former Public Defender and Alliance for Good Government President Mark Vicknair. In his bid for Magistrate Court, Vicknair earned 43 percent of the vote against virtual incumbent Harry Cantrell. The father-in-law of Councilwoman LaToya Cantrell, he was considered a proverbial shoe-in for election most circles, and Vicknair thought to have no chance.
That Vicknair managed such a close magistrate court race in an election cycle where other Caucasian challengers when down to defeats to (in many cases) far weaker and less financed African-American newcomers proved that he could manage an impressive bid despite the electoral headwinds against him.
Moreover, Vicknair has reportedly refused to deny an interest in Marullo’s seat, according to sources very close to the former Magistrate Court candidate. And, the successful re-election of Chris Bruno to the Civil Court has demonstrated that White candidates can still win citywide against strong African-American challengers. Yet, some wonder if Vicknair would be better suited to run for Council District “A” in three years when Susan Guidry is term limited out of office.
A resident of the small sliver of Uptown remaining in the Council seat, Vicknair could qualify. He won most of those precincts and dominated the Lakeview ones in his bid for Magistrate. As a former active resident of the Bayou St. John neighborhood, he has a strong political foundation in the center of the Councilmanic District as well.
And for a moderate Democrat like Vicknair, the Council District “A” seat is perfectly politically drawn. Regardless, the pull of judicial politics in Orleans Parish remains strong, and his name recognition is fresh right now. And, Marullo may be permanently vacating his chair, held on the Criminal District Court since 1974, quite soon.
This article originally published in the March 9, 2015 print edition of The Louisiana Weekly newspaper.
