Louisiana 2014 2014 Regular Session

Louisiana House Bill HB96 Engrossed / Bill

                    HLS 14RS-546	REENGROSSED
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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. 96
BY REPRESENTATIVE EDWARDS
JUDGES:  (Constitutional amendment) Removes the mandatory retirement age of judges
A JOINT RESOLUTION1
Proposing to amend Article V, Section 23 of the Constitution of Louisiana, relative to2
judges; to remove provisions that establish an age beyond which judges shall not3
remain in office; and to specify an election for submission of the proposition to4
electors and provide a ballot proposition.5
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members6
elected to each house concurring, that there shall be submitted to the electors of the state, for7
their approval or rejection in the manner provided by law, a proposal to amend Article V,8
Section 23 of the Constitution of Louisiana, to read as follows:9
§23.  Judges; Retirement10
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
to which a surviving spouse is entitled be reduced. 18
(B) Mandatory Retirement.  Except as otherwise provided in this Section, a19
judge shall not remain in office beyond his seventieth birthday. A judge who attains20 HLS 14RS-546	REENGROSSED
HB NO. 96
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
seventy years of age while serving a term of office shall be allowed to complete that1
term of office.2
Section 2. Be it further resolved that this proposed amendment shall be submitted3
to the electors of the state of Louisiana at the statewide election to be held on November 4,4
2014.5
Section 3. Be it further resolved that on the official ballot to be used at said election6
there shall be printed a proposition, upon which the electors of the state shall be permitted7
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as8
follows:9
Do you support an amendment to remove the constitutional requirement that10
a judge retire upon attaining the age of seventy or, if his seventieth birthday11
occurs during his term, that he retire upon completion of that term? (Amends12
Article V, Section 23)13
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)]
Edwards	HB No. 96
Abstract: Removes the mandatory retirement age of judges.
Present constitution provides that a judge shall not remain in office beyond his 70
th
 birthday
and provides that 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 constitutional amendment to the voters at the
statewide election to be held on November 4, 2014.
(Amends Const. Art. V, §23)