Calling the notion that the Slidell-based Military-Veterans Advocacy, Inc., (MVA), has no standing to sue over a state law that would interfere with legal representation for veterans “nonsensical,” Judge Bryan A. Jackson yesterday ruled that Attorney General Liz Murrill is a valid defendant.

MVA, a national nonprofit that serves the interests of armed services members and veterans, in June 2024 sued Louisiana Gov. Jeff Landry and Attorney General Elizabeth Murrill over the unconstitutional nature of recent legislation that Landry allowed to become law without his signature. The impact of this law would allow unlicensed and unaccredited organizations to represent veterans without any oversight.

Senate Bill 159 (SB159), by Sen. Stewart Cathey, imposed a cap of $12,500 on attorney fees for lawyers who represent veterans. The cap is an overreach into Federal jurisdiction and regulations, and is unconstitutional, MVA alleges.

“The intent of this bill may have been to protect veterans from predatory law firms that exploit situations to maximize profit, to the detriment of proper legal service,”

Cdr. John Wells (USN, Ret.), MVA’s executive director and an attorney who focuses his practice on veterans law, said at the time of the filing. “The outcome of this law will, instead, limit veterans’ access to adequate counsel.”

Among other things, MVA’s suit cites the case of Procopio v. Wilkie, which MVA litigated in federal court and which extended VA benefits to 90,000 veterans. MVA’s counsel devoted more than 300 hours to that case, in addition to those worked by a Washington-based law firm.

“The fee cap imposed in SB159 would not have allowed that work to be completed, and 90,000 deserving veterans would still be without benefits,” Wells said at the time. “Additionally, federal law passed in 1988 already covers fees for veteran-related cases, and Article V of the State Constitution assigns regulation of Attorneys to the Supreme Court – not the Legislature.”

Jackson dismissed the suit against Gov. Landry. “We’re very happy with Judge Jackson’s decision,” Wells said. “While we fully support protecting veterans – and all citizens – from predatory practices, this Act of the Legislature is not an effective way to accomplish that; on the contrary, it would severely limit access to legal representation for veterans.

“I’ve reached out to the A.G.’s office today to engage in further discussions,” Wells said. “Hopefully, this matter can be resolved without further cost to the people of Louisiana, and lawyers acting in good faith may continue to provide the best representation possible for America’s veterans and active-duty service members.”