SLS 10RS-1011 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. 650
BY SENATOR HEBERT
DISTRICT ATTORNEYS. Provides that if certain district attorney voluntarily leaves office
prior to the end of the term, the first assistant will not be an eligible candidate in the next
election for district attorney. (8/15/10)
AN ACT1
To amend and reenact R.S. 18:602(E)(3) and to repeal R.S. 16:12, relative to vacancies in2
certain local and municipal offices; to provide the district attorney of the Sixteenth3
Judicial District; to provide that in the case of a vacancy in the office of district4
attorney, the first assistant who has assumed the duties of the office is ineligible as5
a candidate at the election to fill the vacancy; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 18:602(E)(3) is hereby amended and reenacted to read as follows:8
ยง602. Vacancies in certain local and municipal offices; exceptions9
* * *10
E.(1) * * *11
* * *12
(3) The special election shall be held, without the necessity of a call by the13
governor, except in the case of a vacancy in the office of district attorney. When a14
special election is required, the appointee or person designated to assume the duties15
of the office shall serve only until the successor is elected and takes office. In the16
case of a vacancy in the office of district attorney of the Sixteenth Judicial17 SB NO. 650
SLS 10RS-1011 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
District caused by the voluntary resignation of the district attorney, the person1
who has assumed the duties of the office shall not be eligible as a candidate for2
such office in the next election, whether the next election is to fill the unexpired3
term of office or for a new term.4
* * *5
Section 2. R.S. 16:12 is hereby repealed in its entirety.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that the special election to fill a vacancy in certain local and municipal
offices is to be held without the necessity of a call by the governor, except in the case of a
vacancy in the office of district attorney. Present law provides that when a special election
is required, the appointee or person designated to assume the duties of the office is to serve
only until the successor is elected and takes office.
Proposed law retains the provisions of present law and adds that in the case of a vacancy in
the office of district attorney in the 16
th
Judicial District caused by the voluntary resignation
of the district attorney, the person who has assumed the duties of the office is not eligible
as a candidate for such office in the next election, whether the next election is to fill the
unexpired term of office or for a new term.
Present law provides that when a vacancy is caused by death, resignation or removal of a
district attorney, the parish of Orleans excepted, and the unexpired term is for a longer
period than one year, the attorney general is to assign the district attorney of another district
to act as district attorney of the district wherein such vacancy exists and the district attorney
so assigned is the lawful successor of such district attorney. Present law provides that such
assigned district attorney has the powers and duties and is to receive, as additional
compensation for his services, the same remuneration as provided by present law for the
district attorney of the district to which he is assigned, which will be payable in the manner
provided by present law. Present law provides that if the district to which assignment is
made has been provided by law with assistant district attorneys, the assigned district attorney
may appoint assistant district attorneys having the qualifications required by present law, and
the assistant district attorneys so appointed is to receive the remuneration provided by
present law for such assistants. Present law provides that the assignment of a district
attorney as herein provided and the employment of the assistant district attorneys appointed
is to be for a period which will extend until the vacancy if filled by election, appointment
or otherwise as provided by present law.
Proposed law deletes these provisions of present law (see La. Const. Art. V, Sec. 30).
Effective August 15, 2010.
(Amends R.S. 18:602(E)(3); repeals R.S. 16:12)