SLS 10RS-232 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 42
BY SENATOR MURRAY
COURTS. Requires reargument before a 5-judge panel prior to reversal or modification of
judgments rendered by office of workers' compensation when one judge of the original 3-
judge panel dissents. (2/3-CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article V, Section 8(B) of the Constitution of Louisiana, relative to the2
judicial branch; to provide relative to courts of appeal; to require reargument before3
a five-judge panel when an appellate judge dissents from a majority decision to4
modify or reverse a judgment rendered by the office of workers' compensation; and5
to specify an election for submission of the proposition to electors and provide a6
ballot proposition.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state, for9
their approval or rejection in the manner provided by law, a proposal to amend Article V,10
Section 8(B) of the Constitution of Louisiana, to read as follows:11
ยง8. Courts of Appeal; Circuits; Panels; Judgments; Terms12
Section 8. * * *13
(B) Judgments. A majority of the judges sitting in a case must concur to14
render judgment. However, in civil matters only, when a judgment of a district court15
or an administrative agency determination in a worker's compensation claim16
is to be modified or reversed and one judge dissents, the case shall be reargued17 SB NO. 42
SLS 10RS-232 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
before a panel of at least five judges prior to rendition of judgment, and a majority1
must concur to render judgment.2
* * *3
Section 2. Be it further resolved that this proposed amendment shall be submitted4
to the electors of the state of Louisiana at the statewide election to be held on November 2,5
2010.6
Section 3. Be it further resolved that on the official ballot to be used at said election7
there shall be printed a proposition, upon which the electors of the state shall be permitted8
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall9
read as follows:10
To provide that, in civil matters only, when an administrative agency11
determination in a worker's compensation claim is to be modified or reversed12
and one judge dissents, the case shall be reargued before a panel of at least13
five judges prior to rendition of judgment, and a majority must concur to14
render judgment. (Amends Article V, Section 8(B))15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Camille Sebastien Perry.
DIGEST
Present constitution provides that a majority of the judges sitting in a case must concur to
render judgment, but in civil matters only, when a judgment of a district court is to be
modified or reversed and one judge dissents, the case shall be reargued before a panel of at
least five judges prior to rendition of judgment, and a majority must concur to render
judgment.
Proposed constitutional amendment retains present constitution and additionally provides
that when an administrative agency determination in a worker's compensation claim is to be
modified or reversed and one judge dissents, the case shall be reargued before a panel of at
least five judges prior to rendition of judgment, and a majority must concur to render
judgment.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 2, 2010.
(Amends Article V, Section 8(B))