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Regular Session, 2014
SENATE BILL NO. 415
BY SENATOR CLAITOR
JUDGES. Provides a framework for decreasing the number of judges. (8/1/14)
AN ACT1
To amend and reenact R.S. 18:621(A) and to enact R.S. 18:621(C), relative to a vacancy in2
the office of a judge; to provide relative to the calling of a special election by the3
governor; to provide relative to the date of such election; to provide certain terms,4
conditions, and procedures; to authorize certain action by the governor and5
legislature; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 18:621(A) is hereby amended and reenacted and R.S. 18:621(C) is8
hereby enacted to read as follows: 9
ยง621. Vacancy in office of judge10
A.(1) Within twenty-four hours after having knowledge of a vacancy in the11
office of a judge, including a vacancy by reason of a newly created judgeship, the12
supreme court shall give written notice to the governor and the legislature that the13
vacancy exists, the date on which it occurred, and the cause thereof.14
(2) If Except as provided in Subsection C, if more than twelve months of15
the term remain unexpired, then within ten days after being notified of the vacancy,16
the governor shall determine the dates on which the special elections to fill the17 SB NO. 415
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words in boldface type and underscored are additions.
vacancy shall be held and the dates of the qualifying period and shall issue his1
proclamation ordering a special election and specifying the dates on which the2
primary and general elections will be held and the dates of the qualifying period for3
the election. However, if the deadline for issuing the proclamation falls on a4
Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday,5
Sunday, or legal holiday shall be deemed to be the final day for issuing such6
proclamation.7
(3) The Except as provided in Subsection C, the governor shall call any8
special election to fill a newly created judgeship or a vacancy in an existing9
judgeship in accordance with the dates for elections set forth in R.S. 18:402, if such10
dates can be utilized to fill a newly created judgeship or fill a vacancy in an existing11
judgeship within the period of time prescribed in Article V, Section 22(B) of the12
Louisiana Constitution. In selecting the dates for such special elections, the governor13
shall first choose a gubernatorial or congressional election date; if no such date is14
available during the constitutionally prescribed time period, the governor shall then15
select another election date, as provided for in R.S. 18:402.16
* * *17
C. Notwithstanding the provisions of Subsection A, when there is a18
vacancy in an existing judgeship:19
(1) The governor shall issue a proclamation calling a special election to20
fill the vacancy thirty days after being notified of the vacancy.21
(2) Prior to the issuance of a proclamation calling a special election to fill22
the vacancy, the governor shall determine whether there is a need to23
immediately fill the vacancy by election. Such determination may include24
consultation with the Judicial Council as to recommendations it may have25
regarding the filling of judicial office vacancies within that district. Any26
recommendations of the Judicial Council shall be in writing and a public27
record. A copy of the recommendations shall be provided to the governor and28
to the legislature.29 SB NO. 415
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(3) If the legislature is in session, it may by concurrent resolution request1
and recommend to the governor to postpone to the greatest extent possible the2
filling of the vacancy, and may additionally include within such concurrent3
resolution a request and recommendation that legislation should be enacted to4
eliminate the judgeship for a fixed period of time or permanently pursuant to5
Article V of the Louisiana Constitution. If the legislature is not in session it may6
adopt and make the same requests and recommendations to the governor by7
letter, if the contents of the letter have been approved through ballot by a8
majority of the elected members of each house. The letter shall be signed by the9
presiding officers of both houses, and delivered to the governor before10
expiration of the time period for issuance of the proclamation to fill the vacancy.11
(4) If the governor determines there is no need to immediately fill the12
vacancy by election, or if the legislature adopts the request and13
recommendation to the governor set forth above, the special election called by14
the governor to fill the vacancy shall be held no earlier than the last date15
available to satisfy the requirements of Article V, Section 22(B), of the16
Louisiana Constitution; otherwise, the date of the special election shall be17
determined by the governor in accordance with Subsection A above.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells.
DIGEST
Claitor (SB 415)
Present law relative to a vacancy in the office of a judge provides that within twenty-four
hours after having knowledge of a vacancy in the office of a judge, including a vacancy by
reason of a newly created judgeship, the supreme court shall give written notice to the
governor that the vacancy exists, the date on which it occurred, and the cause thereof.
Proposed law retains present law and adds such notice shall also be given the legislature.
Present law provides that if more than twelve months of the term remain unexpired, then
within ten days after being notified of the vacancy, the governor shall determine the dates
on which the special elections to fill the vacancy shall be held and the dates of the qualifying
period and shall issue his proclamation ordering a special election and specifying the dates
on which the primary and general elections will be held and the dates of the qualifying
period for the election.
Present law further provides that the governor shall call any special election to fill a newly SB NO. 415
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words in boldface type and underscored are additions.
created judgeship or a vacancy in an existing judgeship in accordance with the dates for
elections set forth in R.S. 18:402, if such dates can be utilized to fill a newly created
judgeship or fill a vacancy in an existing judgeship within the period of time prescribed in
Article V, Section 22(B) of the Louisiana Constitution. Present law further provides that in
selecting the dates for such special elections, the governor shall first choose a gubernatorial
or congressional election date; if no such date is available during the constitutionally
prescribed time period, the governor shall then select another election date, as provided for
in R.S. 18:402.
Proposed law retains present law but provides an exception.
Proposed law provides that if the vacancy is in an existing judgeship, the governor shall have
thirty days after being notified of the vacancy to call a special election to fill the vacancy.
Proposed law further provides that prior to calling the election the governor shall determine
whether there is a need to immediately fill the vacancy.
Proposed law also provides that if the legislature is in session, it may by concurrent
resolution request and recommend to the governor to postpone to the greatest extent possible
the filling of the vacancy and may additionally include within such concurrent resolution a
request and recommendation that legislation should be enacted to eliminate the judgeship
for a fixed period of time or permanently pursuant to Article V of the Louisiana Constitution.
If the legislature is not in session the recommendations may be made by written request if
the contents of the letter have been approved through ballot by a majority of the elected
members of each house. The letter will be signed by the presiding officers of both houses
and delivered to the governor before expiration of the time period for issuance of the
proclamation to fill the vacancy.
Proposed law further provides that if the governor determines there is no need to
immediately fill the vacancy by election, or if the legislature adopts the request and
recommendation to the governor set forth above, the special election called by the governor
to fill the vacancy shall be held no earlier than the last date available to satisfy the
requirements of Article V, Section 22(B), of the Louisiana Constitution; otherwise, the date
of the special election shall be determined by the governor in accordance with the present
law.
[Note: La. Const. Art. V, Sec. 22(B) - "(B) Vacancy. 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."]
Effective August 1, 2014.
(Amends R.S. 18:621(A); adds R.S. 18:621(C))