HLS 14RS-499 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1006
BY REPRESENTATIVE NANCY LANDRY
PUBLIC OFFLS/EMPS: Provides relative to removal of public officers by suit
AN ACT1
To amend and reenact R.S. 42:1411(A) and 1412(A), relative to removal by suit of public2
officers; to provide for the causes for such removal; to provide for the method for3
such removal; to provide procedures for suits for removal; to provide relative to4
hearings, judgment, and appeal relative to such suits; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 42:1411(A) and 1412(A) are hereby amended and reenacted to read8
as follows: 9
§1411. Public officer; ground grounds for removal; suspension; definitions 10
A. A public officer shall be removed from office for commission or11
conviction, during his term of office, of a felony or for malfeasance or gross12
misconduct while in such office.13
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§1412. Method for removal 15
A.(1) For conviction of a felony any public officer shall be removed by16
judgment of the district court of the district in which he is domiciled. The district17
attorney of that judicial district shall institute the suit within ten days after the18
conviction is final and all appellate review of the original trial court proceedings is19
exhausted. Suits against the attorney general shall be brought in the Nineteenth20 HLS 14RS-499 ORIGINAL
HB NO. 1006
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Judicial District by the district attorney of that district, and suits against a district1
attorney shall be brought by the attorney general.2
(2) For a cause provided for in R.S. 42:1411(A) other than conviction of a3
felony, a public officer shall be removed by judgment of the district court of the4
district in which the public officer is domiciled. Any citizen of the state of Louisiana5
may institute the suit.6
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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)]
Nancy Landry HB No. 1006
Abstract: Expands the causes for removal by suit of a public officer to include commission
of a felony during the term of office or malfeasance or gross misconduct while in
office.
Present constitution (Art. X, Secs. 24 and 25) requires the legislature to provide by general
law for the removal by suit of any state, district, parochial, ward, or municipal official except
the governor, lieutenant governor, and judges for commission or conviction during his term
of office of a felony or for malfeasance or gross misconduct while in such office.
Present law (R.S. 42:1411) provides that a public officer shall be removed from office for
conviction during his term of office of a felony.
Proposed law retains present law and additionally provides that a public officer shall be
removed from office for the additional causes provided for in present constitution:
commission, during his term of office, of a felony or malfeasance or gross misconduct while
in office.
Present law (R.S. 42:1412) provides for the method of removal of a public officer for
conviction of a felony. Provides for a suit to be brought by the district attorney or the
attorney general in certain situations. Provides procedures and deadlines for filing suit,
hearings, judgment, and appeal.
Proposed law retains present law. Additionally provides that for a cause enumerated in
proposed law, a public officer shall be removed by judgment of the district court of the
district in which the public officer is domiciled. Provides that any citizen of the state of La.
may institute the suit. Applies present law procedures and deadlines to suits pursuant to
proposed law.
(Amends R.S. 42:1411(A) and 1412(A))