SLS 13RS-48 ENGROSSED
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 5
BY SENATOR LAFLEUR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUDGES. Constitutional amendment to remove the mandatory retirement age of judges.
(2/3 – CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article V, Section 23 of the Constitution of Louisiana, relative to2
retirement of judges; to remove the mandatory retirement age of judges; and to3
specify an election for submission of the proposition to electors and provide a ballot4
proposition.5
Notice of intention to introduce this Act has been published.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state, for8
their approval or rejection in the manner provided by law, a proposal to amend Article V,9
Section 23 of the Constitution of Louisiana, to read as follows:10
Section 23. (A) Retirement System. Within two years after the effective date11
of this constitution, the legislature shall provide for a retirement system for judges12
which shall apply to a judge taking office after the effective date of the law enacting13
the system and in which a judge in office at that time may elect to become a member,14
with credit for all prior years of judicial service and without contribution therefor.15
The retirement benefits and judicial service rights of a judge in office or retired on16
the effective date of this constitution shall not be diminished, nor shall the benefits17 SB NO. 5
SLS 13RS-48 ENGROSSED
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to which a surviving spouse is entitled to be reduced.1
(B) Mandatory Retirement. Except as otherwise provided in this Section, a2
judge shall not remain in office beyond his seventieth birthday. A judge who attains3
seventy years of age while serving a term of office shall be allowed to complete that4
term of office. 5
Section 2. Be it further resolved that this proposed amendment shall be submitted6
to the electors of the state of Louisiana at the next available date of a statewide election or7
at the statewide election to be held on November 4, 2014, whichever occurs earlier.8
Section 3. Be it further resolved that on the official ballot to be used at said election9
there shall be printed a proposition, upon which the electors of the state shall be permitted10
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as11
follows:12
Do you support an amendment relative to retirement of judges to remove the13
current constitutional requirement that a judge shall not remain in office14
beyond his seventieth birthday? (Amends Article V, Section 23).15
The original instrument was prepared by Julie J. Baxter. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
LaFleur (SB 5)
Present constitution relative to retirement of judges provides that within two years after the
effective date of the constitution (midnight of Dec. 31, 1974), the legislature shall provide
for a retirement system for judges which shall apply to a judge taking office after the
effective date of the law enacting the system and in which a judge in office at that time may
elect to become a member, with credit for all prior years of judicial service and without
contribution therefor. The retirement benefits and judicial service rights of a judge in office
or retired on the effective date of the constitution shall not be diminished, nor shall the
benefits to which a surviving spouse is entitled be reduced.
Proposed constitutional amendment retains present language.
Present constitution further provides that, except as otherwise provided in the present
constitution, a judge shall not remain in office beyond his 70
th
birthday. A judge who attains
the age of 70 while serving a term of office shall be allowed to complete that term of office.
Proposed constitutional amendment deletes this language.
Provides for submission of the proposed amendment to the voters at the next available date
of a statewide election or at the statewide election to be held on November 4, 2014,
whichever occurs earlier. SB NO. 5
SLS 13RS-48 ENGROSSED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(Amends Const. Art. V., Sec. 23).
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Changes submission date from Nov. 4, 2014, to next available date of a
statewide election or at the statewide election to be held on November 4,
2014, whichever occurs earlier.