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))