HLS 111ES-192 ENGROSSED
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are additions.
First Extraordinary Session, 2011
HOUSE BILL NO. 40
BY REPRESENTATIVE PATRICIA SMITH
COURTS/APPELLATE: Provides for an additional judgeship for the Court of Appeal for
the First Circuit (Item #7)
AN ACT1
To amend and reenact R.S. 13:312.1(A), relative to the Court of Appeal for the First Circuit;2
to provide for one additional judgeship for the Court of Appeal for the First Circuit,3
second district; to provide for the election and term of office and those of the4
successors to that office; to provide for jurisdiction; to provide for compensation;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:312.1(A) is hereby amended and reenacted to read as follows: 8
ยง312.1. Circuit court of appeal; domicile; number of judges; election9
A. The Court of Appeal for the First Circuit, domiciled in the city of Baton10
Rouge, shall have twelve thirteen judges. Four judges shall be elected from each of11
the three districts first and third districts and five judges shall be elected from the12
second district composing the circuit by the qualified electors of each district,13
respectively.14
(1) However, in the first district, one judge, Division C, shall be elected from15
election section one by the qualified electors of election section one, and one judge,16
Division A, shall be elected from election section two by the qualified electors of17
election section two. The remaining two judges in the first district, Divisions B and18
D, shall be elected by the qualified electors of the entire first district.19 HLS 111ES-192 ENGROSSED
HB NO. 40
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(2) In the second district, three judges, Divisions A, B, and C, shall be1
elected from subdistrict one by the qualified electors of subdistrict one. Two judges,2
Divisions D and E, shall be elected from subdistrict two by the qualified electors of3
subdistrict two. The precinct lines of subdistrict one and subdistrict two shall be4
those agreed to in Subsection B(12) of the Consent Judgment in the United States5
District Court, Middle District of Louisiana, case of Janice G. Clark, et al. v. Charles6
"Buddy" Roemer, Governor of Louisiana, et al., Civil Action No. 86-435(A).7
* * *8
Section 2.(A) There is hereby created one additional appellate court judgeship for9
the Court of Appeal for the First Circuit in the second district, the parish of East Baton10
Rouge. The additional judge herein provided for and his successors shall preside over11
Division E, which is hereby created for purposes of nomination and election only. The12
additional judge and his successors from Division E shall be elected from subdistrict two and13
shall have jurisdiction throughout the circuit. The additional judge and his successors shall14
receive the same compensation and expense allowances, payable from the same sources and15
in the same manner, as are now or may hereafter be provided for other judges of the Courts16
of Appeal.17
(B) The individual to be elected to the additional judgeship created by this Act for18
the Court of Appeal for the First Circuit shall be elected as provided by Article V, Section19
22 of the Constitution of Louisiana, and shall serve a term which shall begin on January 1,20
2012, and which term shall expire as provided by law. Thereafter, each of the successors21
to the judge provided for in this Act for the Court of Appeal for the First Circuit shall be22
elected in the same manner and shall serve the same term as now or may be provided23
hereafter for the judges of the court.24
(C) The provisions of this Act shall not reduce the term or jurisdiction of office of25
any judge of the Court of Appeal for the First Circuit.26 HLS 111ES-192 ENGROSSED
HB NO. 40
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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)]
Patricia Smith HB No. 40
Abstract: Provides for an additional judgeship for the Court of Appeal for the First Circuit
in the second district to be elected from subdistrict two.
Present law provides for 12 judges for the Court of Appeal for the First Circuit with three
districts and four judges elected from each district.
Present law provides that in the second district, three judges are elected from subdistrict one
and one judge is elected from subdistrict two, as per the consent judgment in "Clark v.
Roemer".
Proposed law provides for one additional judgeship for the First Circuit Court of Appeal,
second district, to be elected from subdistrict two.
Proposed law provides that the new judge take office on Jan. 1, 2012, that he preside over
Division E for purposes of nomination and elections, and that he receive the same
compensation and expense allowances as other appellate court judges.
Proposed law provides that this shall not reduce the term or jurisdiction of office of any
judge of the First Circuit Court of Appeal.
(Amends R.S. 13:312.1(A))