SLS 14RS-110 ENGROSSED
Page 1 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 216
BY SENATOR MURRAY
JUDGES. Provides relative to courts and vacancies in the office of a judge.
(2/3-CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article V, Sections 15(D) and 22(B) of the Constitution of Louisiana,2
relative to the judicial branch; to provide relative to courts, judges, and judicial3
offices; to provide relative to vacancies in the office of a judge; to authorize certain4
procedures for the reallocation, filling, or abolition of a vacancy in the office of a5
judge; to provide certain terms, conditions, procedures, requirements and effects; and6
to specify an election for submission of the proposition to electors and provide a7
ballot proposition.8
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9
elected to each house concurring, that there shall be submitted to the electors of the state, for10
their approval or rejection in the manner provided by law, a proposal to amend Article V,11
Sections 15(D) and 22(B) of the Constitution of Louisiana, to read as follows:12
§15. Courts; Retention; Jurisdiction; Judicial District Changes; Terms 13
Section 15.14
* * *15
(D) Number of Judges. The Except as otherwise provided by Section 22(B)16
of this Article, the legislature may change the number of judges in any judicial17 SB NO. 216
SLS 14RS-110 ENGROSSED
Page 2 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
district by law enacted by two-thirds of the elected members of each house.1
* * *2
§22. Judges; Election; Vacancy3
* * *4
(B) Vacancy. A newly-created judgeship or a vacancy in the office of a5
judge shall be filled by special election called by the governor and held within twelve6
months after the day on which the vacancy occurs or the judgeship is established,7
except when the vacancy occurs in the last twelve months of an existing term. Until8
the vacancy is filled, the supreme court shall appoint a person meeting the9
qualifications for the office, other than domicile, to serve at its pleasure. The10
appointee shall be ineligible as a candidate at the election to fill the vacancy or the11
newly-created judicial office. No person serving as an appointed judge, other than12
a retired judge, shall be eligible for retirement benefits provided for the elected13
judiciary. Newly-created judgeship and vacancy in the office of a judge.14
(1) Newly-created judgeship. A judgeship newly created by the15
legislature shall be filled by special election called by the governor and held16
within twelve months after the day on which the judgeship is established. Until17
the special election, the supreme court shall appoint a person meeting the18
qualifications for the office, other than domicile, to serve at its pleasure. The19
appointee shall be ineligible as a candidate at the election to fill the newly-20
created judicial office. No person serving as an appointed judge, other than a21
retired judge, shall be eligible for retirement benefits provided for the elected22
judiciary.23
(2) Vacancy in the office of a judge.24
(a) Not later than sixty calendar days after a vacancy in the office of a25
judge, the supreme court shall determine whether the vacancy should be filled26
without change, or whether such vacant judicial office should be reallocated to27
another court of equivalent jurisdiction due to need and filled, or whether such28
vacant judicial office should be abolished by law. The supreme court shall29 SB NO. 216
SLS 14RS-110 ENGROSSED
Page 3 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
advise the governor and legislature of its determination.1
(b) If the supreme court determines that the vacancy should be filled2
without change or that reallocation is necessary, a special election in the3
appropriate jurisdiction to fill such judgeship shall thereafter be called by the4
governor and held within fourteen months after the day on which the vacancy5
occurs, except when the vacancy occurs in the last fourteen months of an6
existing term. A judicial office reallocated to a court pursuant to this Paragraph7
shall have the same rights and duties as other judicial offices of that court, and8
shall thereafter be filled by election to that court as provided by law.9
(c) Until the vacancy is filled, the supreme court shall appoint a person10
meeting the qualifications for the office, other than domicile, to serve at its11
pleasure. The appointee shall be ineligible as a candidate at the election to fill12
the vacancy. No person serving as an appointed judge, other than a retired13
judge, shall be eligible for retirement benefits provided for the elected judiciary.14
(d) If the supreme court determines that the vacant judicial office should15
be abolished, it shall so advise the legislature and governor prior to the next16
annual legislative session after the vacancy occurs and shall not fill the vacancy17
by appointment. If the legislature does not abolish the judicial office, it shall be18
filled by election at the next regular congressional election.19
* * *20
Section 2. Be it further resolved that this proposed amendment shall be submitted21
to the electors of the state of Louisiana at the statewide election to be held on November 4,22
2014.23
Section 3. Be it further resolved that on the official ballot to be used at said election24
there shall be printed a proposition, upon which the electors of the state shall be permitted25
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as26
follows:27
Do you support an amendment to authorize the supreme court to allocate28
vacant judgeships to other courts of equivalent jurisdictions on the basis of29 SB NO. 216
SLS 14RS-110 ENGROSSED
Page 4 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
need and to recommend the abolition of vacant judgeships, and to provide1
procedures to fill vacant judgeships?2
(Amends Article V, Sections 15(D) and 22(B))3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Murray (SB 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 provides that a judgeship newly created by the
legislature shall be filled by special election called by the governor and held within twelve
months after the day on which the judgeship is established. Until the special election, 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 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 further provides that not later than sixty calendar days
after a vacancy in the office of a judge, the supreme court shall determine whether the
vacancy should be filled without change, or whether such vacant judicial office should be
reallocated to another court of equivalent jurisdiction due to need and filled, or whether such
vacant judicial office should be abolished by law. The supreme court shall advise the
governor and legislature of its determination.
Proposed constitutional amendment further provides that if the supreme court determines
that the vacancy should be filled without change or that reallocation is necessary, a special
election in the appropriate jurisdiction to fill such judgeship shall thereafter be called by the
governor and held within fourteen months after the day on which the vacancy occurs, except
when the vacancy occurs in the last fourteen months of an existing term. A judicial office
reallocated to a court shall have the same rights and duties as other judicial offices of that
court, and shall thereafter be filled by election to that court as provided by law. 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. 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 further provides that if the supreme court determines
that the vacant judicial office should be abolished, it shall so advise the legislature and SB NO. 216
SLS 14RS-110 ENGROSSED
Page 5 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
governor prior to the next annual legislative session after the vacancy occurs and shall not
fill the vacancy by appointment. If the legislature does not abolish the judicial office, it shall
be filled by election at the next regular congressional election.
Present constitution provides that the legislature may change the number of judges in any
judicial district by law enacted by two-thirds of the elected members of each house.
Proposed constitutional amendment provides that, except as provided by the proposed
constitutional amendment, the legislature may change the number of judges in any judicial
district by law enacted by two-thirds of the elected members of each house.
Specifies submission of the amendment to the voters at the statewide election to be held on
Nov. 4, 2014.
(Amends Const. Art. V, Sec. 15(D) and 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.