HLS 19RS-83 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 519
BY REPRESENTATIVE JAMES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/APPELLATE: Provides relative to judgeships of the Court of Appeals for the
First Circuit
1 AN ACT
2To amend and reenact R.S. 13:312.1(A), relative to the Court of Appeal for the First Circuit;
3 to provide for the organization of divisions within the First Circuit; to provide for the
4 transfer of one judgeship in subdistrict one to subdistrict two of the second district
5 of the First Circuit; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:312.1(A) is hereby amended and reenacted to read as follows:
8 ยง312.1. Circuit court of appeal; domicile; number of judges; election
9 A.(1) The Court of Appeal for the First Circuit, domiciled in the city of
10 Baton Rouge, shall have twelve judges. Four judges shall be elected from each of
11 the three districts composing the circuit by the qualified electors of each district,
12 respectively.
13 (2) However, in the The first district, one judge, Division C, shall be elected
14 from election section one by the qualified electors of election section one, and one
15 judge, Division A, shall be elected from election section two by the qualified electors
16 of election section two. The remaining two judges in the first district, Divisions B
17 and D, shall be elected by the qualified electors of the entire first district.
18 (3)(a) In the second district, three judges, Divisions A, B, and C, shall be
19 elected from subdistrict one by the qualified electors of subdistrict one. One judge,
20 Division D, shall be elected from subdistrict two by the qualified electors of
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 519
1 subdistrict two. The geographic boundaries of subdistrict one and subdistrict two
2 shall be those agreed to in Subsection B(12) of the Consent Judgment in the United
3 States District Court, Middle District of Louisiana, case of Janice G. Clark, et al. v.
4 Charles "Buddy" Roemer, Governor of Louisiana, et al., Civil Action No. 86-435(A).
5 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph:
6 (i) The first vacancy created by the death, resignation, retirement, or removal
7 of a judge of the second district, election section, subdistrict one, whichever first
8 occurs in either of the three divisions after August 1, 2019, shall be filled by an
9 election from election section, subdistrict two of the second district, and such
10 judgeship shall be assigned to election section, subdistrict two of the second district,
11 for election purposes thereafter.
12 (ii) However, if no election has occurred or is scheduled to occur to fill a
13 vacancy in such a judgeship from the second district, subdistrict one, prior to the
14 opening for the regular statewide election in 2020, the regular election to fill the
15 judgeship designated as Division A of subdistrict one shall be held in election
16 section, subdistrict two of the second district, and such division shall be assigned to
17 election section two for election purposes thereafter.
18 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 519 Engrossed 2019 Regular Session James
Abstract: Provides for the transfer of one judgeship from subdistrict one of the second
district of the First Circuit to subdistrict two of the second district of the First Circuit.
Present law requires the Court of Appeal for the First Circuit to be domiciled in the city of
Baton Rouge. Four judges should be elected from three districts. The second district shall
be composed of East Baton Rouge Parish. Additionally, the second district shall be divided
up into two subdistricts pursuant to the Consent Judgment in the United States District
Court, Middle District of Louisiana, case of Janice Clark, et al. v. Charles "Buddy" Roemer,
Governor of Louisiana, et al., Civil Action No. 86-435(A). Subdistrict one shall elect judges
for Divisions A, B, and C. Subdistrict two shall elect a judge for Division D.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-83 ENGROSSED
HB NO. 519
Proposed law retains present law except it provides for any vacancy created by death,
resignation, retirement, or removal, in subdistrict one, after August 1, 2019, to be filled from
a candidate from subdistrict two.
(Amends R.S. 13:312.1(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.