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