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St. Tammany coroner sues state, parish over new law

Tape’s lawsuit argues the new law violates the separation of powers and his rights to due process.

NEW ORLEANS — Embattled St. Tammany Parish Coroner Christopher Tape is suing the State of Louisiana and the parish government, claiming a new law passed this month unconstitutionally targets him and his office.

Tape was elected coroner without opposition last fall just months after moving to St. Tammany from Lafayette.

Before he took office this March, an exclusive WWL Louisiana investigation found Tape had been indicted in 2002 in New Mexico on charges of sexually abusing a 7-year-old girl. The charges were thrown out after New Mexico courts found prosecutors took too long to indict Tape. The WWL report also exposed a previously unreported sexual harassment settlement Tape paid to a female employee in 2022.

Elected officials in the parish called for Tape’s removal and citizens began a recall petition.

This month, the legislature passed a new law giving the St. Tammany Parish Council power to remove the coroner if he is not “of good moral character and temperate habits.” Tape argues that violates his constitutional right to due process.

The new law also gives the parish government control over the coroner’s office funds and property. Tape argues that violates the separation of powers doctrine. Ironically, in challenging the constitutionality of the parish government takeover, Tape’s lawsuit echoes one brought years ago by his predecessor and adversary, Charles Preston.

Preston fired Tape last fall over an internal office conflict and provided many of the records to WWL that exposed the New Mexico case. But now, Tape is represented by the same attorney who used to represent Preston.

A state law passed in 2013 attempted to give the parish control over the coroner’s property, which includes a large building, expansive grounds and a lake in Lacombe. Preston sued on constitutional grounds and the case was settled without answering the constitutional question.

The legislature passed a law in 2021 repealing the 2013 law and returning financial and property control to the coroner’s office. The new law passed earlier this month does another about-face, appealing that 2021 law in addition to providing new ways to remove the coroner from office.

Tape’s lawsuit argues there are only three ways to remove an elected official from office – impeachment, removal by lawsuit or a recall election – and giving the St. Tammany Parish Council discretion over his “moral character and temperate habits” violates the constitution.

The recall campaign that launched in late April has until late October to collect about 35,000 witnessed signatures from registered voters to trigger a recall election. Recall co-chairperson Jean Cefalu said the campaign collected 11,000 signatures in the first two months, with four months to go.

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