RDCSB216 447 5509
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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)]
Murray SB No. 216
Present constitution, relative to the judicial branch, states that except as otherwise provided
in the present constitution, all judges shall be elected. Election shall be at the regular
congressional election.
Present constitution further provides that a newly-created judgeship or a vacancy in the
office of a judge shall be filled by special election called by the governor and held within
twelve months after the day on which the vacancy occurs or the judgeship is established,
except when the vacancy occurs in the last twelve months of an existing term. Until the
vacancy is filled, the supreme court shall appoint a person meeting the qualifications for the
office, other than domicile, to serve at its pleasure. The appointee shall be ineligible as a
candidate at the election to fill the vacancy or the newly-created judicial office. No person
serving as an appointed judge, other than a retired judge, shall be eligible for retirement
benefits provided for the elected judiciary.
Proposed constitutional amendment substantially retains present constitution provisions
regarding newly-created judgeships.
Proposed constitutional amendment requires that the legislature shall provide by law the
procedures for filling a vacancy in the office of judge, which procedure may include a
determination of whether the vacant judicial office should be maintained, abolished, or
transferred to another court of equivalent jurisdiction.
Proposed constitutional amendment provides that until a vacancy in the office of a judge is
filled, abolished, or transferred, the supreme court may appoint a person meeting the
qualifications for the office, other than domicile, to serve at its pleasure, and that the
appointee shall be ineligible as a candidate at an election to fill the judicial office.
Proposed constitutional amendment prohibits any person serving as an appointed judge,
other than a retired judge, from being eligible for retirement benefits provided for the elected
judiciary.
Specifies submission of the amendment to the voters at the statewide election to be held on
Nov. 4, 2014, and provides that the proposed constitutional amendment shall become
effective on January 1, 2016, if approved by the voters.
(Amends Const. Art. V, Sec. 22(B))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Added "and held" to requirement that special election be called by governor
within 14 months after the day on which the vacancy occurs.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the engrossed bill.
1. Deleted provisions establishing specific procedures to fill, abolish, or reallocate
a vacant judgeship. RDCSB216 447 5509
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2. Added provisions requiring the legislature to establish by law the procedures to
fill, abolish, or transfer a vacant judgeship.
3. Added an effective date of January 1, 2016.
4. Added technical amendments.
5. Changed the ballot language to reflect the changes made by adoption of the
committee amendments.