St. Martin Judge to Rule on Guillory Malfeasance Venue by December
Attorneys debated whether the former Lafayette leader should face trial in the parish where the river work occurred or where his administrative orders were issued.
By Ibrahim Howard ·
Judge Vincent Borne of Franklin will determine by December 10 whether four felony malfeasance charges against former Lafayette Parish Mayor-President Josh Guillory can proceed in St. Martin Parish. The legal dispute centers on the correct venue for the trial regarding the 2022 removal of a spoil bank along the Vermilion River.
Guillory was indicted in February by a St. Martin Parish grand jury. The charges stem from his administration's decision to remove a spoil bank in St. Martin Parish without obtaining required permits from that parish or federal agencies. The project involved moving material from the Vermilion River to create a new spoil bank in Lafayette Parish.
The timeline of the physical work began in February 2022. Rigid Constructors, a contractor hired by Lafayette Consolidated Government, removed approximately 1,200 feet of the St. Martin Parish spoil bank over two nights. The excavated material was used to build a levee-like structure in Lafayette Parish. Land sale documents for the private property in St. Martin Parish were not filed with the Clerk of Court until March, after the removal was complete.
During the hearing on Monday afternoon, attorney Stephen Haedicke argued that the alleged misconduct occurred in Lafayette Parish. He stated that Guillory exercised his authority as mayor-president in Lafayette, meaning any breach of affirmative duty happened there. Haedicke noted that while Guillory could be charged with theft in St. Martin Parish, malfeasance requires the breach of duty to occur in the charging venue. He cited several state Supreme Court cases to support this position.
Attorney and prosecutor Claire Howington countered that Guillory had an obligation to obey laws in St. Martin Parish regardless of where he served. She argued that Guillory knew permits were needed from the U.S. Army Corps of Engineers and St. Martin Parish. Howington presented text messages suggesting Guillory visited the site in February 2022 with his wife and public works officials. She said Guillory told employees he would "take all the arrows" regarding the project. "They stole a levee" from St. Martin Parish, Howington said. "He’s clearly the principal."
Judge Borne stated that no legal prohibitions prevent charging a public official with malfeasance in a different legal venue. Haedicke acknowledged this rule but maintained his argument based on the location of the decision-making process.
The four felony charges include removing spoil banks without a Corps permit in violation of the federal Rivers and Harbors Act and the federal Clean Water Act. Additional charges involve instructing employees to work in violation of the U.S. and state constitutions by removing banks without permission from the St. Martin Parish Floodplain administrator. The final charge involves intentionally placing barges across the Vermilion River to obstruct commerce.
The project originated after hundreds of homes in Lafayette Parish flooded in 2016. The Guillory administration identified the St. Martin Parish spoil bank as a potential contributor to the flooding. When negotiations for a permit stalled, the administration developed a plan codenamed "Apollo." They converted a $390,050 as-needed excavation contract with Rigid Constructors into a $3.7 million project without seeking bids. Lafayette Consolidated Government purchased the land in St. Martin Parish to facilitate the work.
The 15th Judicial District Attorney’s Office announced on February 12 that it would not pursue charges against Guillory or his administration. This decision followed a review of a 2025 investigative audit by the Louisiana Legislative Auditor’s Office. The audit alleged that Guillory and his administration likely violated state and federal laws as well as Lafayette’s Home Rule Charter.
