Orleans Parish citizens Criminal Court Judge Frank Marullo in dispute of his eligibility for upcoming election due to his age

NEW ORLEANS – Three registered Orleans Parish voters are suing former Criminal Court Judge Frank Marullo and the Orleans Parish Clerk of Court in an effort to disqualify Marullo from the upcoming Criminal Court Judge primary election, as Marullo has reportedly surpassed the legal age limit for his intended position.

Marian Cunningham, Lisa Amoss and Robert Amoss filed suit against Marullo and Arthur Morrell in the Orleans Parish Civil District Court on Aug. 25.

The plaintiffs claim that on Aug. 20 Marullo filed a notice of candidacy to run in the primary election for Criminal Court Judge, and signed a certificate stating that he "meets all of the qualifications for the office." Marullo allegedly filed the notice with Morrell in the Orleans Parish Clerk of Court's office.

According to the petition, Marullo is prohibited by law run for the office of Criminal Court Judge because he has reached 70 years of age. The plaintiffs cite the Louisiana Constitution's mandatory requirement stating that "a judge shall not remain in office beyond his seventieth birthday. A judge who attains seventy years of age while serving a term of office shall be allowed to complete that term of office."

Marullo turned 70 during his last term, says the suit. The plaintiffs say that Marullo will be 75 before his next term would begin.

The plaintiffs are seeking to have Marullo disqualified from candidacy for the office of Criminal Court Judge.

Marian Cunningham, Lisa Amoss, and Robert Amoss are represented by Lance C. McCardle of Fishman, Haygood, Phelps, Walmsley, Willis & Swanson LLP.

The case has been assigned to District L Judge Kern A. Reese.

Case no. 2014-08382.