SLS 18RS-619 ORIGINAL
2018 Regular Session
SENATE BILL NO. 273
BY SENATOR MILKOVICH
CIVIL PROCEDURE. Provides for the random selection of appellate panels. (8/1/18)
1 AN ACT
2 To enact Code of Civil Procedure Art. 2164.1, relative to appeals; to provide relative to
3 appellate procedure; to provide relative to selection of judicial panels; to provide for
4 random selection; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Civil Procedure Art. 2164.1 is hereby enacted to read as follows:
7 Art. 2164.1. Selection of appellate panels
8 A. Notwithstanding any provision of law to the contrary, the appellate
9 court shall sit in rotating panels, each composed of three judges, that shall be
10 randomly selected by the clerk of court using either of the following methods:
11 (1) By drawing indiscriminately from a pool containing designations of
12 all judges of the appellate court.
13 (2) By use of a properly programmed electronic device or computer
14 programmed to randomly select judges of the appellate court.
15 B. The process of random selection of the panels pursuant to this Article
16 shall be subject to verification by all parties by direct observation or upon the
17 written motion of any party.
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 273
SLS 18RS-619 ORIGINAL
1 C. If one or more judges of an appellate court is recused, the process of
2 random selection shall be implemented to select the members of the panel from
3 the number of nonrecused judges. In case of recusation of one or more judges,
4 the case shall be submitted for random selection of a judge or judges to replace
5 the recused judge or judges, in accordance with the procedure set forth herein.
6 D. The assignment of retired judges or pro tempore judges to serve on
7 panels shall be governed by the random selection process. A retired or pro
8 tempore judge shall not serve on a panel unless a regularly elected judge is on
9 leave of absence, in which case the retired or pro tempore judge shall be
10 randomly selected from the same electoral district as the judge who is taking
11 leave of absence.
12 E. The random selection of appellate panels shall be implemented with
13 respect to all orders rendered by the appellate court, including but not limited
14 to appeals, writ applications, emergency writ applications, or other appellate
15 orders of any description.
16 F. Any order of an appellate panel selected in violation of this Section
17 shall be an absolute nullity.
The original instrument and the following digest, which does not constitute
a part of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
SB 273 Original 2018 Regular Session Milkovich
Proposed law provides that notwithstanding any provision of law to the contrary, the
appellate court shall sit in rotating panels, each composed of three judges, that shall be
randomly selected by the clerk of court using either of the following methods:
(1)By drawing indiscriminately from a pool containing designations of all judges of the
court.
(2)By use of a properly programmed electronic device or computer programmed to
randomly select judges of the appellate court.
Proposed law provides that the process of random selection of the panels pursuant to
proposed law shall be subject to verification by all parties by direct observation or upon the
written motion of any party.
Proposed law provides that if one or more judges of an appellate court is recused, the process
of random selection shall be implemented to select the members of the panel from the
number of nonrecused judges.
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 273
SLS 18RS-619 ORIGINAL
Proposed law provides that in case of recusation of one or more judges, the case shall be
submitted for random selection of a judge or judges to replace the recused judge or judges,
in accordance with the procedure set forth in proposed law.
Proposed law provides that the assignment of retired judges or pro tempore judges to serve
on panels shall be governed by the random selection process.
Proposed law provides that a retired or pro tempore judge shall not serve on a panel unless
a regularly elected judge is on leave of absence, in which case the retired or pro tempore
judge shall be randomly selected from the same electoral district as the judge who is taking
leave of absence.
Proposed law provides that the random selection of appellate panels shall be implemented
with respect to all orders rendered by the appellate court, including but not limited to
appeals, writ applications, emergency writ applications, or other appellate orders of any
description.
Proposed law provides that any order of an appellate panel selected in violation of proposed
law is an absolute nullity.
Effective August 1, 2018.
(Adds C.C.P. Art. 2164.1)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.