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
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))