Louisiana 2010 Regular Session

Louisiana House Bill HB289 Latest Draft

Bill / Introduced Version

                            HLS 10RS-1	ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 289
BY REPRESENTATIVE HARDY
JUDGES: (Constitutional Amendment)  Provides with respect to domicile requirements for
certain judges
A JOINT RESOLUTION1
Proposing to amend Article V, Section 24(A) of the Constitution of Louisiana, relative to the2
qualification of judges; to provide for domicile requirements of judges in the district,3
circuit, parish, or division as applicable; to provide for submission of the proposed4
amendment to the electors; and to provide for related matters.5
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members6
elected to each house concurring, that there shall be submitted to the electors of the state of7
Louisiana, for their approval or rejection in the manner provided by law, a proposal to8
amend Article V, Section 24(A) of the Constitution of Louisiana, to read as follows:9
§24.  Judges; Qualifications 10
Section 24.(A) A judge of the supreme court, a court of appeal, district court,11
family court, parish court, or court having solely juvenile jurisdiction shall have been12
domiciled in the respective district, circuit, or parish, and division for one year13
preceding election and shall remain domiciled in the respective district, circuit,14
parish, and division while seeking office and during his term as judge. A failure to15
remain domiciled in the respective district, circuit, parish, and division shall result16
in a vacancy to the judgeship and a special election shall be called or another judge17
shall be appointed, as provided by law. A judge of the supreme court, a court of18
appeal, district court, family court, parish court, or court having solely juvenile19
jurisdiction shall have been admitted to the practice of law in the state for at least the20
number of years specified as follows:21 HLS 10RS-1	ORIGINAL
HB NO. 289
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(1)  For the supreme court or a court of appeals - ten years.1
(2) For a district court, family court, parish court, or court having solely2
juvenile jurisdiction - eight years.3
*          *          *4
Section 2.  Be it further resolved that this proposed amendment shall be submitted5
to the electors of the state of Louisiana at the statewide election to be held on November 2,6
2010.7
Section 3. Be it further resolved that on the official ballot to be used at said election8
there shall be printed a proposition, upon which the electors of the state shall be permitted9
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall10
read as follows:11
To provide that judges and candidates for judge shall be domiciled in the12
respective district, circuit, parish, and division while seeking office, and13
during his term as judge. Failure to remain domiciled in the district, circuit,14
parish, or division shall result in a vacancy and a new judge shall be15
appointed or elected, as provided for by law. (Amends Article V, Section16
24(A))17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Hardy	HB No. 289
Abstract: Provides that a judge shall remain domiciled in his district, circuit, parish, or
division while running for office and during the term of office, and provides that a
vacancy will occur if the judge moves out of the district, circuit, parish, or division.
Present constitution requires that judges of the supreme court, court of appeal, district court,
family court, parish court, or court exercising juvenile jurisdiction live within their districts,
circuits, or parishes for the two years preceding an election.
Proposed constitutional amendment requires the same judges to live within their respective
divisions and also requires that they remain domiciled in their districts, circuits, parishes, or
divisions during the entire term.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 2, 2010.
(Amends Const. Art. V, §24(A))