Defense Lawyers Honor Jeff Wittenbrink

Jeff Wittenbrink, attorney for Central pastor Tony Spell, has been honored by the Louisiana Association of Criminal Defense Lawyers after having won a landmark case before the Louisiana Supreme Court.  

Wittenbrink was honored during the organization’s 35th Annual Justice William Tate, Jr., Awards Banquet at the Westin in New Orleans.

On May 13, 2022, Louisiana’s highest court ruled 5-2 that the arrest and imprisonment of Rev. Spell for the crime of holding church during the pandemic was illegal and unconstitutional.  The court quashed the criminal charges against the pastor that had been filed by Central Police Chief Roger Corcoran.

The Louisiana Supreme Court said that Gov. John Bel Edwards had no legal authority to adopt rules restricting the First Amendment to the U.S. Constitution or the Declaration of Rights of the Louisiana Constitution.

Avery Pardee, president of the Louisiana Association of Criminal Defense Lawyers, presented Wittenbrink with the prestigious Blackstone Award, named after perhaps the most distinguished judge of all times.  William Blackstone (1723-1780) was a member of the House of Commons and British judge, who wrote Commentaries on the Laws.

Pardee said of Wittenbrink, “The award goes to Jeff Wittenbrink, who represented Pastor Tony Spell, who was arrested and charged with violating the Governor’s executive orders during Covid.  After two years of litigation, the Louisiana Supreme Court ruled that the orders were unconstitutional, and quashed the charges.”

She said they honored Wittenbrink for fighting and winning under difficult circumstances.

Wittenbrink is representing Rev. Spell in a completely separate civil case, which is currently pending before the U.S. 5th Circuit Court of Appeals.  That is a federal civil rights case in which Pastor Spell is suing Gov. John Bel Edwards, Sheriff Sid Edwards, and Chief Roger Corcoran for damages for violating his rights and the rights of his congregation under the First Amendment to the U.S. Constitution.

A three-judge panel of the 5th Circuit heard arguments on the case in early September 2022 but has not yet ruled.

After receiving the award, Wittenbrink said he was surprised to receive the honor. “I’m not a member of the organization and have no idea who nominated me. However, it was a very distinguished group, composed of some of top attorneys in the state.  More than anything, I think it was recognition of the importance of the Supreme Court’s decision in State of Louisiana v. Pastor Tony Spell. The court took this case very seriously and made it clear that the Constitution doesn’t go on vacation or take a sabbatical, even during a pandemic.  Some in the legal community and even in the religious community want to give the governor and other officials a pass for their lawless behavior.  But this award was recognition by an important part of the legal community that this decision is greatly respected by the bar and is likely to be a powerful force for protecting religious liberty for generations to come.”

Wittenbrink is a solo practitioner in Baton Rouge.