Chet D. Traylor
Encyclopedia
Chet D. Traylor is a retired associate justice of the Louisiana Supreme Court
Louisiana Supreme Court
The Supreme Court of Louisiana is the highest court and court of last resort in the U.S. state of Louisiana. The modern Supreme Court, composed of seven justices, meets in the French Quarter of New Orleans....

 from Monroe
Monroe, Louisiana
Monroe is a city in and the parish seat of Ouachita Parish, Louisiana, United States. As of the 2000 census, the city had a total population of 53,107, making it the eighth largest city in Louisiana. A July 1, 2007, United States Census Bureau estimate placed the population at 51,208, but 51,636...

, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...

, who was defeated in the Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

 primary election
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....

 on August 28, 2010, for the U.S. Senate seat held since 2005 by the incumbent
Incumbent
The incumbent, in politics, is the existing holder of a political office. This term is usually used in reference to elections, in which races can often be defined as being between an incumbent and non-incumbent. For example, in the 2004 United States presidential election, George W...

 David Vitter
David Vitter
David Vitter is the junior United States Senator from Louisiana and a member of the Republican Party. Previously, he served in the United States House of Representatives, representing the suburban Louisiana's 1st congressional district. He served as a member of the Louisiana House of...

 of New Orleans
New Orleans, Louisiana
New Orleans is a major United States port and the largest city and metropolitan area in the state of Louisiana. The New Orleans metropolitan area has a population of 1,235,650 as of 2009, the 46th largest in the USA. The New Orleans – Metairie – Bogalusa combined statistical area has a population...

. Traylor polled fewer than 10 percent of the ballots cast in a low-turnout election, compared to nearly 90 percent for Vitter.

Early life, education and career

Traylor was born in Columbia
Columbia, Louisiana
Columbia is a town in and the parish seat of Caldwell Parish, Louisiana, United States. The population was 477 at the 2000 census.-Geography:Columbia is located at ....

, the seat of Caldwell Parish
Caldwell Parish, Louisiana
-Demographics:As of the census of 2000, there were 10,560 people, 3,941 households, and 2,817 families residing in the parish. The population density was 20 people per square mile . There were 5,035 housing units at an average density of 10 per square mile...

, and graduated in 1963 from Caldwell Parish High School. One of his classmates was future Louisiana Secretary of State Fox McKeithen, son of Governor John J. McKeithen. Traylor served for two years in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

 as a military police investigator, having entered as a private
Private (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...

 and was discharged as a sergeant
Sergeant
Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....

. In 1969, he received his Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 degree in government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...

 from the University of Louisiana at Monroe
University of Louisiana at Monroe
The University of Louisiana at Monroe is a coeducational public university in Monroe, Louisiana and part of the University of Louisiana System.-History:...

, then Northeast Louisiana University. While at NLU, he was a Louisiana state trooper (Troop F). In 1974, he received his Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

 degree from the Loyola University College of Law
Loyola University New Orleans College of Law
Loyola University New Orleans College of Law is a private law school in New Orleans, Louisiana affiliated with Loyola University New Orleans. Loyola's law school opened in 1914 and is now located on the Broadway Campus of the University in the historic Audubon Park District of the city. The College...

 in New Orleans.

From 1975-1982, he was an assistant district attorney in Winnsboro
Winnsboro, Louisiana
Winnsboro is a city in and the parish seat of Franklin Parish, Louisiana, United States. As of July 2009, the estimated city population was 4,377...

, the seat of Franklin Parish
Franklin Parish, Louisiana
-Demographics:As of the census of 2000, there were 21,263 people, 7,754 households, and 5,706 families residing in the parish. The population density was 34 people per square mile . There were 8,623 housing units at an average density of 14 per square mile...

 located between Monroe and Ferriday
Ferriday, Louisiana
Ferriday is a town in Concordia Parish in northeastern Louisiana, United States. The population, which is three-fourths African American, was 3,723 at the 2000 census....

. He is a former investigator for the Louisiana Department of Justice Organized Crime and Racketering Unit and a former legal advisor to the Louisiana State Police Narcotics, Detectives and Intelligence units.

Judicial career

In 1985, he was elected to the 5th Judicial District Court, which encompasses in Franklin, Richland
Richland Parish, Louisiana
Richland Parish is a parish located in the U.S. state of Louisiana. The parish seat is Rayville. As of 2010, the population was 20,725.-History:...

, and West Carroll
West Carroll Parish, Louisiana
West Carroll Parish is a parish located in the U.S. state of Louisiana. The parish seat is Oak Grove and as of 2000, the population was 12,314.-History:...

 parishes. He remained a district judge until January 1, 1997, after his election the preceding year to the Louisiana Supreme Court, Place 4.

Louisiana Supreme Court

In the nonpartisan blanket primary held on September 21, 1996, Traylor as a Republican unseated the Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 Joe Bleich of Ruston
Ruston, Louisiana
Ruston is a city in and the parish seat of Lincoln Parish, Louisiana, United States. The population was 20,546 at the 2000 census. Ruston is near the eastern border of the Ark-La-Tex and is the home of Louisiana Tech University. Its economy caters to its college population...

 to win a ten-year term on state Supreme Court. Traylor polled 60,484 votes (53 percent) to Bleich's 53,098 (47 percent). Bleich, a former state representative, had served on the court since 1983. In 2006, Traylor was unopposed for a second term on the court, but he left the position two and a half years later. Marcus R. Clark
Marcus R. Clark
Marcus R. Clark is a Republican member of the Louisiana Supreme Court from West Monroe, Louisiana, United States, who won his current position in a special election held on October 17, 2009, to fill the vacancy created by the retirement of Republican Justice Chet D. Traylor of Monroe, formerly of...

, a Calcasieu Parish
Calcasieu Parish, Louisiana
Calcasieu Parish[p] is a parish located in the U.S. state of Louisiana. The parish seat is Lake Charles. As of 2010, the parish population was 192,768...

 native and a state district judge from Monroe, then won a special election in the fall of 2009 to complete Traylor's term, which expires January 1, 2017.

In the 2000 case of State v. Smith, Justice Traylor embraced the view of judicial restraint
Judicial restraint
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional...

 in authoring the Supreme Court's opinion upholding the constitutionality of the Louisiana sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...

 or "crime-against-nature" statute. In his decision, Traylor said that the state constitution must not be manipulated by transient majorities of the judges. Such a view, he said, would create a government by judicial fiat, instead of a constitutional system. "Disaffected groups unable to obtain legislative redress need only convince a majority of this court that what they seek is an implicit 'right' afforded by the Louisiana Constitution. Our constitution wisely provides for separation of powers, and authorizes the legislature to make public policy determinations in this area," Traylor said. Traylor said that the state constitution does not protect "immoral acts . . . Simply put, commission of what the legislature determines as an immoral act, even if consensual and private, is an injury against society," he said.

In 2007, in Cook v. Cook, Traylor concurred in the majority opinion of the Supreme Court that a mother who exposed her children to her lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...

 relationship was not entitled to keep custody of those children.

That same year in State v. Bailey (2007), Traylor concurred with the majority in the Jena 6 case that concluded that a white district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...

 in La Salle Parish
La Salle Parish, Louisiana
La Salle Parish is a parish located in the U.S. state of Louisiana. As of 2000, the population was 14,282. The parish seat is Jena.-Geography:The parish has a total area of , of which is land and is water....

 should have recused himself from prosecution of the six African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...

 high school students who attacked a white classmate because the DA's past behavior showed an unwillingness to prosecute whites for similar crimes.

In 2008, Traylor wrote a unanimous court opinion that upheld the constitutionality of two state laws giving homeowners until the fall of 2007 to file lawsuits or claims against their insurance companies over damage from Hurricanes Katrina
Hurricane Katrina
Hurricane Katrina of the 2005 Atlantic hurricane season was a powerful Atlantic hurricane. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States. Among recorded Atlantic hurricanes, it was the sixth strongest overall...

 and Rita
Hurricane Rita
Hurricane Rita was the fourth-most intense Atlantic hurricane ever recorded and the most intense tropical cyclone ever observed in the Gulf of Mexico. Rita caused $11.3 billion in damage on the U.S. Gulf Coast in September 2005...

. The court noted that the extension was for one year and was limited to those two storms.

2010 U.S. Senate race

After the death of his wife Peggy, Traylor relocated from Winnsboro to Monroe to pursue opportunities in the private practice of law. On the last day of qualifying, Traylor announced his challenge to Senator Vitter, who subsequently defeated U.S. Representative Charlie Melancon
Charlie Melancon
Charles Joseph "Charlie" Melancon was the U.S. Representative for , serving from 2005 to 2011, and the unsuccessful 2010 Democratic nominee for the U.S. Senate seat currently held by Republican David Vitter.-Early life, education and career:...

 of Napoleonville
Napoleonville, Louisiana
Napoleonville is a village in and the parish seat of Assumption Parish, in the U.S. state of Louisiana. The population was 686 at the 2000 census. It is part of the Pierre Part Micropolitan Statistical Area.-History:...

 in Assumption Parish
Assumption Parish, Louisiana
Assumption Parish is a parish located in the U.S. state of Louisiana, and was formed in 1807 as an original parish of the Louisiana Territory. Its parish seat is Napoleonville. In 2000, its population was 23,388. Assumption is one of the 22 Acadiana parishes. Its major product is sugarcane...

 in the November 2, 2010, general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...

. Meanwhile, State Representative Ernest Wooton
Ernest Wooton
Ernest Durham Wooton is a former sheriff of Plaquemines Parish, Louisiana, who is a departing Independent member of the Louisiana House of Representatives from the numerically last of the state House districts, No. 105. He resides in Belle Chasse east of New Orleans. He was an unsuccessful...

, a registered Republican from 2005–2010 and a resident of Belle Chase in Plaquemines Parish
Plaquemines Parish, Louisiana
Plaquemines Parish is the parish with the most combined land and water area in the U.S. state of Louisiana. The parish seat is Pointe à la Hache...

, re-registered to run as an Independent for the Senate in the general election but received little support. A former sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....

, Wooton said that he will conduct a low-budget campaign from a motor home.

Lev M. Dawson (born 1938) of Delhi
Delhi, Louisiana
Delhi, originally called Deerfield, is a town in Richland Parish, Louisiana, in the United States. As of the 2000 census, the town population was 3,066.-History:...

 in Richland Parish
Richland Parish, Louisiana
Richland Parish is a parish located in the U.S. state of Louisiana. The parish seat is Rayville. As of 2010, the population was 20,725.-History:...

, a sweet potato
Sweet potato
The sweet potato is a dicotyledonous plant that belongs to the family Convolvulaceae. Its large, starchy, sweet-tasting, tuberous roots are an important root vegetable. The young leaves and shoots are sometimes eaten as greens. Of the approximately 50 genera and more than 1,000 species of...

 farmer, served as Traylor's Senate campaign manager, a role that he had also filled in the 1996 Supreme Court race. Dawson said that political differences between Traylor and Vitter are comparatively minor but that Traylor opposes an attempt to cap British Petroleum's liability related to the 2010 Gulf of Mexico
Gulf of Mexico
The Gulf of Mexico is a partially landlocked ocean basin largely surrounded by the North American continent and the island of Cuba. It is bounded on the northeast, north and northwest by the Gulf Coast of the United States, on the southwest and south by Mexico, and on the southeast by Cuba. In...

 oil spill.

Dawson said that Melancon "can bring out more of Vitter's problems. There may be other scandals they are saving for the general election. We fear that if Vitter is nominated, we may end up with a Democratic senator." The weaknesses to which Dawson refers is the 2007 revelation that Vitter was a client of the so-called "D.C. Madam," and Vitter's continued employment of aide Brent Furer, who was accused of having assaulted a female friend with a knife and holding her hostage.

Associations

Traylor is a founding board member of the Winnsboro Economic Development Foundation. He was formerly a board member of the Winnsboro Lions Club and of the Franklin Parish Mental Health Association. He was the first president of Winnsboro Ducks Unlimited
Ducks Unlimited
Ducks Unlimited is an international non-profit organization dedicated to the conservation of wetlands and associated upland habitats for waterfowl, other wildlife, and people. It currently has approximately 780,000 members, mostly in the United States and Canada.-Introduction:Ducks Unlimited was...

 and the founder of John Adams Chapter of Greenwings. He is a life member of the National Rifle Association
National Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...

 and holds affiliation with the Rocky Mountain Conservation Fund. He is a member of the United Methodist denomination. He is an honorary member of the Order of the Coif
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. A student at an American law school who earns a Juris Doctor degree and graduates in the top 10 percent of his or her class is eligible for membership if the student's law school has a chapter of the...

.

Personal life

From a first marriage (wife's name not known), Traylor has three married daughters, Mary Therese Nagem (born ca. 1972) and husband Sammy Thomas Nagem of Baton Rouge
Baton Rouge, Louisiana
Baton Rouge is the capital of the U.S. state of Louisiana. It is located in East Baton Rouge Parish and is the second-largest city in the state.Baton Rouge is a major industrial, petrochemical, medical, and research center of the American South...

, Leigh Lee Liles (born ca. 1978) and husband William Bartlin Liles of Shreveport
Shreveport, Louisiana
Shreveport is the third largest city in Louisiana. It is the principal city of the fourth largest metropolitan area in the state of Louisiana and is the 109th-largest city in the United States....

, and Anna T. Holloway (born ca. 1985) and husband Kyle Everett Holloway of Crowville in Franklin Parish. His second wife was the former Peggy Marie McDowell (1942–2009), who was previously married to State Representative
Louisiana State Legislature
The Louisiana State Legislature is the state legislature of the U.S. state of Louisiana. It is bicameral body, comprising the lower house, the Louisiana House of Representatives with 105 representatives, and the upper house, the Louisiana Senate with 39 senators...

 Noble Edward Ellington, II
Noble Ellington
Noble Edward Ellington, II , is a wealthy cotton merchant from Winnsboro, the seat of Franklin Parish in northeastern Louisiana, who is a freshman, and as of December 17, 2010, a Republican, member of the Louisiana House of Representatives from District 20...

, of Winnsboro, a cotton
Cotton
Cotton is a soft, fluffy staple fiber that grows in a boll, or protective capsule, around the seeds of cotton plants of the genus Gossypium. The fiber is almost pure cellulose. The botanical purpose of cotton fiber is to aid in seed dispersal....

 broker and also a former state senator
Louisiana State Legislature
The Louisiana State Legislature is the state legislature of the U.S. state of Louisiana. It is bicameral body, comprising the lower house, the Louisiana House of Representatives with 105 representatives, and the upper house, the Louisiana Senate with 39 senators...

. Peggy Traylor had two sons, Noble Ellington, III, and Ryan Ellington, both of Winnsboro. She died in August 2009 and is interred at Columbia Hills Cemetery in Columbia.

Controversies

Peggy Traylor died without leaving a will and her sons, Ryan and Noble Ellington, III, filed suit in June 2010 in Fifth Judicial District Court stating that Traylor has blocked their attempts to collect information on their mother's estate and to take possession of some of her property.

Ryan and Noble Ellington, through attorney Paul Spillers of Monroe, in August 2010 filed a complaint against Traylor with the Louisiana Attorney Disciplinary Board. The brothers allege that Traylor failed to appear at a federal court proceeding after he had been subpoenaed to provide a deposition regarding their mother's estate. The brothers also claim that Traylor knew that the information that he provided about a scheduling conflict with the court was false and asks the disciplinary board to disbar him.

"His conduct destroys the public's confidence in attorneys, our disciplinary system and the Supreme Court of Louisiana. His conduct falls far short of the standard required of an attorney to practice law in this state," according to the Ellingtons' complaint.

State Representative Noble Ellington said that Traylor was "significantly involved" in the divorce of Noble and Peggy Ellington. Peggy later married Traylor and became Peggy McDowell Traylor. Traylor is also currently involved in a romantic relationship with Denise Lively, the estranged wife of his stepson, Ryan Ellington. Lively and Ryan Ellington remain legally married, but both he and Traylor said the Lively-Traylor relationship began while Lively and Ryan Ellington were separated. Traylor began his relationship with Lively a few months after Peggy's death.

External links

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