Louisiana Senate Bill SB415

Louisiana 2014 Regular Session

• Introduced: 3/10/14
• Refer: 3/10/14

Caption

Provides a framework for decreasing the number of judges. (8/1/14)

Impact

The proposed legislation retains much of the existing law while adding provisions that require timely communication to both the governor and legislature when a vacancy occurs. It also allows the legislature to recommend, through a concurrent resolution, that the governor postpone filling a vacancy if necessary. This could provide a mechanism for local governments to manage judicial appointments according to local needs while ensuring that the judicial system operates smoothly without prolonged vacancies.

Summary

Senate Bill 415 aims to modify the processes related to judicial vacancies in Louisiana by providing a clearer framework for calling special elections and defining the roles of the governor and legislature in these situations. The bill seeks to ensure that the filling of vacancies, especially in existing judgeships, can be managed in a more efficient and structured manner. It introduces provisions that stipulate that the governor must issue a proclamation to call a special election within 30 days of being notified about a vacancy, which is a move to expedite the filling of judicial positions during crucial times.

Sentiment

The general sentiment surrounding SB 415 appears to be cautiously supportive. Proponents of the bill argue that it is necessary for maintaining a functional judiciary and reducing the delays associated with judicial appointments. However, there are concerns about the implications of granting the governor too much power in determining the necessity of filling vacancies, which some fear could lead to politicization of the judicial selection process.

Contention

Notable points of contention include the balance of power between the governor and legislature regarding judicial appointments. Critics may express apprehension about the potential for the executive branch to exert undue influence over the judiciary, as the bill allows the governor considerable discretion in determining whether immediate elections are needed to fill vacancies. Additionally, the provision that the legislature can request to eliminate judgeships for a fixed period raises concerns about the stability of judicial appointments and the implications for access to justice.