SLS 15RS-3763 ORIGINAL
2015 Regular Session
SENATE RESOLUTION NO. 207
BY SENATOR MURRAY
JUDGES. Requests the Louisiana Supreme Court to take all action necessary to protect the
importance of the judicial branch as a separate branch of government and the independence
of the judiciary in performing powers and duties pursuant to the federal and state
constitutions.
1 A RESOLUTION
2 To urge and request the Louisiana Supreme Court to take all action necessary to protect the
3 importance of the judicial branch as a separate branch of government and the
4 independence of the judiciary in performing powers and duties pursuant to the
5 federal and state constitutions.
6 WHEREAS, Article II of the Constitution of Louisiana states in Section 1 that, "The
7 powers of government of the state are divided into three separate branches: legislative,
8 executive, and judicial", and states in Section 2 that, "Except as otherwise provided by this
9 constitution, no one of these branches, nor any person holding office in one of them, shall
10 exercise power belonging to either of the others"; and
11 WHEREAS, as a separate branch of government the judicial branch has inherent
12 powers and also powers vested in it by the federal and state constitutions; and
13 WHEREAS, Article V of the Constitution of Louisiana states in Section 1 that "The
14 judicial power is vested in a supreme court, courts of appeal, district courts, and other courts
15 authorized by this Article"; and
16 WHEREAS, Article V of the Constitution of Louisiana further states in part in
17 Section 5 that "The supreme court has general supervisory jurisdiction over all other courts",
18 and that the supreme court "has exclusive original jurisdiction of disciplinary proceedings
Page 1 of 4 SR NO. 207
SLS 15RS-3763 ORIGINAL
1 against a member of the bar"; and
2 WHEREAS, Article V of the Constitution of Louisiana further states in part in
3 Section 25 concerning the Judiciary Commission that upon:
4 "recommendation of the judiciary commission, the supreme court may censure,
5 suspend with or without salary, remove from office, or retire involuntarily a judge
6 for willful misconduct relating to his official duty, willful and persistent failure to
7 perform his duty, persistent and public conduct prejudicial to the administration of
8 justice that brings the judicial office into disrepute, conduct while in office which
9 would constitute a felony, or conviction of a felony. On recommendation of the
10 judiciary commission, the supreme court may disqualify a judge from exercising any
11 judicial function, without loss of salary, during pendency of proceedings in the
12 supreme court. On recommendation of the judiciary commission, the supreme court
13 may retire involuntarily a judge for disability that seriously interferes with the
14 performance of his duties and that is or is likely to become permanent. The supreme
15 court shall make rules implementing this Section and providing for confidentiality
16 and privilege of commission proceedings", and also states that "Action against a
17 judge under this Section shall not preclude disciplinary action against him
18 concerning his license to practice law"; and
19
20 WHEREAS, in accordance with these powers, functions, and duties the Louisiana
21 Supreme Court has adopted rules governing the conduct of judges, including the disclosure
22 of certain personal financial information, and further maintains on its website a list of
23 delinquent persons who have failed to file, failed to timely file, failed to provide omitted
24 information or failed to provide accurate information as required by court rules concerning
25 personal financial statements; and
26
27 WHEREAS, in addition to the separate powers and functions of the judicial branch,
28 it has been recognized that even in an elected judiciary the role of the judge is separate and
29 distinct from the role of a politician and public official in the executive and legislative
30 branches; and
31 WHEREAS, it has been pointed out that the judiciary, unlike the executive or the
32 legislature, "has no influence over either the sword or the purse; . . . neither force nor will
33 but merely judgment." (The Federalist No. 78, p. 465 (C. Rossiter ed. 1961) (A. Hamilton)
34 (capitalization altered)); and
35 WHEREAS, as further noted in one case:
36 "Two principles are in conflict and must, to the extent possible, be reconciled.
37 Candidates for public office should be free to express their views on all matters of
38 interest to the electorate. Judges should decide cases in accordance with law rather
39 than with any express or implied commitments that they may have made to their
40 campaign supporters or to others. The roots of both principles lie deep in our
41 constitutional heritage. Justice under law is as fundamental a part of the Western
42 political tradition as democratic self-government and is historically more deeply
Page 2 of 4 SR NO. 207
SLS 15RS-3763 ORIGINAL
1 rooted, having been essentially uncontested within the mainstream of the tradition
2 since at least Cicero's time. Whatever their respective pedigrees, only a fanatic would
3 suppose that one of the principles should give way completely to the other-that the
4 principle of freedom of speech should be held to entitle a candidate for judicial office
5 to promise to vote for one side or another in a particular case or class of cases or that
6 the principle of impartial legal justice should be held to prevent a candidate for such
7 office from furnishing any information or opinion to the electorate beyond his name,
8 rank, and serial number"; and
9
10 WHEREAS, any direct or implied portrayal of judges as merely "politicians" like
11 those of other branches does a disservice both to judicial independence and to the proper role
12 of the judiciary in a representative democracy; and
13 WHEREAS, it has been pointed out that, "the public has a right to have judges
14 function differently from other elected officials in order to preserve the role of the judiciary
15 in our system of checks and balances"; and
16 WHEREAS, it has been further pointed out that:
17 "Communication between nonjudicial candidates and the public occurs, during
18 campaigns and all the rest of the time, via the same media and messages.
19 Communication to or from judges—except during campaigns—occurs in highly
20 structured and controlled ways—in trials and hearings, via evidence, testimony,
21 arguments, and brief" and that "judges' communications outside the
22 courtroom—except during campaigns—are almost entirely free of the self-promotion
23 and kinds of advocacy that is garden-variety when other elected officials address the
24 public"; and
25
26 WHEREAS, the Louisiana Supreme Court should seek to maintain the independence
27 of the judiciary, including the role of judge as distinct from politicians in the executive and
28 legislative branches; and
29 WHEREAS, the Louisiana Supreme Court should be encouraged to take all action
30 necessary to protect the importance of the judicial branch as a separate branch of government
31 and the independence of the judiciary in performing powers and duties pursuant to the
32 federal and state constitutions.
33 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
34 does hereby urge and request the Louisiana Supreme Court to take all action necessary to
35 protect the importance of the judicial branch as a separate branch of government and the
36 independence of the judiciary in performing powers and duties pursuant to the federal and
37 state constitutions.
38 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
39 chief justice of the Louisiana Supreme Court.
Page 3 of 4 SR NO. 207
SLS 15RS-3763 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
SR 207 Original 2015 Regular Session Murray
Requests the Louisiana Supreme Court to take all action necessary to protect the importance
of the judicial branch as a separate branch of government and the independence of the
judiciary in performing powers and duties pursuant to the federal and state constitutions.
Page 4 of 4