Tucker, as an elected official, did win competitive tax credits totaling $1.89 million to rebuild two New Orleans apartment complexes that he owns, but he never used them. He claims the allegation against him was a political smear initiated by his enemies to derail his ascendant career.
Even after the Ethics Board cleared Tucker, Chris Whittington, chairman of the Louisiana Democratic Party, dredged up the charges once more when Jindal gave his imprimatur. In response, Tucker threatened to sue Whittington and the party for making libelous remarks.
Tucker donned a Teflon exterior when he dealt with the much-ballyhooed tax credits, but now he faces another legal problem ' just in time for the Jan. 14 speaker's election. Tucker did not grant an interview for this story, refusing to comment on pending litigation. A mountain of legal documents in two parishes and interviews with other lawmakers help fill in the blanks.
During the 2007 regular legislative session, Tucker proffered and spoke in favor of House Bill 501 (now Act 99) at a May meeting of the House Civil Law Committee. He sold it to lawmakers as a way to help aggrieved hurricane evacuees change venues for child support and custody hearings to parishes where they had taken up residence following the 2005 storms ' but only if their former spouse lives outside Louisiana.
Judges already had the discretion to grant change-of-venue motions ' and relocation after a hurricane certainly presents solid grounds for such a change ' but the law pushed by Tucker strips the courts of their discretion on such matters and, in theory, allows evacuees to "forum shop" if they prefer the judges where they now live over those in the parish where they previously argued their cases.
With Tucker arguing in favor, the bill passed the Civil Law Committee with little debate and was eventually signed into law by Democratic Gov. Kathleen Blanco.
On Sept. 18, roughly one month after the new law took effect, Tucker's wife, the former Marisol F. Lannes, filed a motion to change venues in an ongoing child support battle against her ex-husband, who now lives in Illinois, proposing to move it from Plaquemines Parish to Orleans Parish and citing the very law her new husband helped pass. Tucker married the former Mrs. Lannes (now Marisol Tucker) in July of last year, and she moved from Belle Chasse to Algiers not long thereafter. The move covered a distance of just six miles, but that was enough; it brought her across parish lines ' fitting neatly into the parameters of the new law.
David Hufft, a Belle Chasse attorney who represents Marisol's former husband, David M.D. Lannes, claims that Tucker helped create the bill. He says Tucker violated the Louisiana Constitution, ignored an obvious conflict of interest and intended to "affect ongoing litigation" through legislation, which is nothing new to the Louisiana Legislature. Hufft also argues in court documents that Tucker's wife shouldn't be allowed to take advantage of the law "because the parties do not fall into the protected class, victims of Hurricane Katrina and Rita, who relocated to a new parish a further distance from the current venue." (Hufft notes in court documents that Mrs. Tucker's new residence in Algiers is still closer to the Plaquemines Parish courthouse than it is to Civil District Court in downtown New Orleans.)
Hufft adds that prior to the motion to change venues being filed in September, the former Mrs. Lannes had received an "unfavorable ruling" in Plaquemines Parish and was therefore hoping for a more favorable venue. She has since appealed those rulings against her.
In Tucker's defense, he was not the official author of the legislation. That title goes to Rep. Jeff Arnold, a New Orleans Democrat who once lived a few houses away from Tucker and who remains a close friend of the speaker-apparent.
Arnold says it's not unusual for Tucker to handle a bill for him in his absence, as was the case during the May hearing of the House Civil Law Committee. Yet Arnold maintains that Tucker did not ask him to file the bill; rather, the request came from constituents. "But [Tucker] did let me know later in the process that the bill would affect his own situation," Arnold adds.
David W. Birdsong, a Metairie attorney who represents Tucker, issued a press release on the litigation. He points out that David M.D. Lannes had previously "been found guilty of a criminal physical attack on his ex-wife" and accuses the Illinois resident of trying to plant blemishes upon Tucker's public service career. "This whole thing is a smoke screen by Mr. Lannes, who is trying to threaten Mr. Tucker and his standing as a legislator in an attempt to gain an unfair advantage in a child support case," Birdsong says.
Hufft, who could not be reached for an interview, isn't backing down. He has filed a motion to compel testimony from a dozen members of the House Civil Law Committee. He wants to question them about Tucker's possible involvement in the legislation beyond his testimony for it during the committee hearing. Rep. Shirley D. Bowler, a term-limited Harahan Republican, says she received a certified letter informing her of the situation, but she doesn't think anything will come of it. "I truly do not think we passed this bill to benefit any one person," she says.
Other committee members, like Rep. J.P. Morrell, a New Orleans Democrat, immediately recognized merit in Arnold's bill and Tucker's arguments during the May hearing. "I have a couple of clients in a similar situation," Morrell says. "Some judges are quite unreasonable."
Bowler, however, adds that she did originally have concerns that the bill would be used to "forum shop," but an amendment she added on the House floor addressed her concerns.
A hearing to decide whether the committee members should testify had not been scheduled by press time, but Bowler says the House will likely have House Clerk Butch Speer argue that lawmakers should enjoy some type of privilege with regard to their legislative decision-making process. "I just don't know how it came to this," Bowler says. "In all my 16 years in the House I have never seen a committee involved with a motion to compel testimony, especially with regard to what might have happened behind the scenes."
Ultimately, Tucker's new wife might get the forum she wants, but this controversy couldn't come at a worse time for him.
Local and state agents Thursday night raided The Keg, the popular college bar located in the area known as The Strip, leading to the (at least) temporary closure of the venue.
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Friday, April 18, 2014:
Friday's Blogs from the Bog!
Time and time again, the Lafayette Parish School Board shows an overwhelming tendency toward idiocy, but Wednesday night’s contentious discussion over Northside High School’s teen mother program tops the list of dumb discussions.
“The accomplishment of this goal within the next ten years is not only critical for the region to effectively compete with other regions for residents and businesses, but also to provide an amenity for everyone in Acadiana to enjoy.”
Education Superintendent John White says a continued push to try to keep Louisiana from using tests associated with the Common Core education standards are creating "a state of chaos" for public school teachers.
Gov. Bobby Jindal's plan to use $210 million in surplus and one-time money to help balance next year's budget received the backing Thursday of the State Bond Commission, support that was needed for the maneuver to work.
State wildlife and fisheries agents have arrested a 39-year-old man accused of stealing crawfish.
An East Feliciana Parish lawmaker has jettisoned his proposal to make it harder for a condemned prisoner to appeal a death sentence.
Senators advanced a proposal Wednesday that would let the governor remove New Orleans-area levee board members for violating what he considers to be public policy, despite concerns it would introduce political meddling into state flood protection.
The Lafayette City-Parish Council on Tuesday will vote on a resolution that if approved would clear the way for a December ballot proposition asking voters to approve a 1-cent sales tax parishwide to help fund the construction of a new terminal at Lafayette Regional Airport.
Just days before the fourth anniversary of the 2010 Deepwater Horizon disaster and oil spill, the Coast Guard has moved cleanup of Louisiana's coast to a new phase, allowing BP to end its "active" efforts in the area.
Legislators still must leave their guns at the door of the Louisiana Capitol.
Sen. Fred Mills may have an "R" behind his name, but his actions in the Louisiana Legislature transcend the established boundaries of his party.
The Louisiana House overwhelmingly rejected a repeal of the state's unconstitutional anti-sodomy law Tuesday.
The Louisiana Senate sided with Gov. Bobby Jindal and the oil industry Tuesday, agreeing to void a lawsuit that a south Louisiana flood board filed against more than 90 oil and gas companies for coastal damage.
Acadian rep notifies would-be supporters that an April 25 fundraiser for the embattled U.S. rep won’t go on as planned.
While it isn’t all too unusual for public bodies to have hired security present during meetings, the LPSB’s push to do so is arguably a response to the antics of one board member.
“I’m running. Why would I be raising all this money? Just to have to return it to people?”
With incumbent U.S. Sen. Mary Landrieu watching from afar, and with a united Democratic Party in her corner, the fight to get the GOP officially behind Congressman Bill Cassidy is gaining just as much momentum as it is hushed controversy.
15th Judicial District Judge Durwood Conque has announced that he will not seek re-election after 27 years on the bench.
The controversial standardized tests are set to be used in third-grade through eighth-grade public school classrooms next year.
The Louisiana Senate has agreed to prohibit unmanned aircraft from flying over chemical plants, water treatment systems, telecommunications networks and other items considered "critical infrastructure" in Louisiana.
It didn’t take long for KATC TV 3 to jump all over the news of a dead body found in Girard Park, but in its rush to produce headlines, the local TV station got sloppy.
An unholy trinity of civil-society upheavalers whose first names are not Conner, Tanner or Logan are facing charges in Eunice.