HLS 20RS-399 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 112
BY REPRESENTATIVE HARRIS
JUDGES: (Constitutional Amendment) Provides relative to the election and selection of
judges
1 A JOINT RESOLUTION
2Proposing to amend Article V, Sections 4, 9, 21, 22, and 24 of the Constitution of Louisiana,
3 relative to the selection of judges; to provide for filling of a newly created judgeship
4 or vacancy in the office of judge; to provide for a term of office for judges; to
5 provide for submission of the proposed amendment to the electors; and to provide
6 for related matters.
7 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
8elected to each house concurring, that there shall be submitted to the electors of the state of
9Louisiana, for their approval or rejection in the manner provided by law, a proposal to
10amend Article V, Sections 4, 9, 21, 22, and 24 of the Constitution of Louisiana, to read as
11follows:
12 §4. Supreme Court; Districts
13 Section 4. The state shall be divided into at least six supreme court districts, and at
14least one judge shall be elected selected from each. The districts and the number of judges
15assigned to each on the effective date of this constitution are retained, subject to change by
16law enacted by two-thirds of the elected members of each house of the legislature.
17 * * *
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HB NO. 112
1 §9. Courts of Appeal; Circuits and Districts
2 Section 9. Each circuit shall be divided into at least three districts, and at least one
3judge shall be elected selected from each. The circuits and districts and the number of
4judges as elected selected in each circuit on the effective date of this constitution are
5retained, subject to change by law enacted by two-thirds of the elected members of each
6house of the legislature.
7 * * *
8 §21. Judges; Decrease in Terms and Compensation Prohibited
9 Section 21. The term of office, retirement benefits, and compensation of a judge
10shall not be decreased during the term for which he is elected selected.
11 §22. Judges; Election Selection; Vacancy
12 Section 22.(A) Election Selection. Except as otherwise provided in this Section, all
13All judges shall be elected selected as provided by law enacted by two-thirds of the elected
14member of each house. Election Selection shall be made at the same time as the regular
15congressional election.
16 (B) Vacancy. A newly-created judgeship or a vacancy in the office of a
17 judge shall be filled by as provided by law special election called by the governor
18 and held within twelve months after the day on which the vacancy occurs or the
19 judgeship is established, except when the vacancy occurs in the last twelve months
20 of an existing term. Until the vacancy is filled, the supreme court shall appoint a
21 person meeting the qualifications for the office, other than domicile, to serve at its
22 pleasure. The appointee shall be ineligible as a candidate at the election to fill the
23 vacancy or the newly-created judicial office. No person serving as an appointed
24 judge, other than a retired judge, shall be eligible for retirement benefits provided for
25 the elected judiciary.
26 (C) End of Term. A judge serving on the effective date of this constitution
27 the amendment of this Section by Act No.__of the 2020 Regular Session of the
28 Legislature shall serve the remaining period of his term of office through December
29 thirty-first of the last year of his term or, if the last year of his term is not in the year
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HB NO. 112
1 of a regular congressional election, then through December thirty-first of the
2 following year. The election selection for the next term shall be held in the year in
3 which the term expires, as provided above in Paragraphs A and B of this Section.
4 * * *
5 §24. Judges; Qualifications
6 Section 24.(A) A judge of the supreme court, a court of appeal, district court, family
7court, parish court, or court having solely juvenile jurisdiction shall have been domiciled in
8the respective district, circuit, or parish for one year preceding election selection and shall
9have been admitted to the practice of law in the state for at least the number of years
10specified as follows:
11 (1) For the supreme court or a court of appeals - ten years.
12 (2) For a district court, family court, parish court, or court having solely
13 juvenile jurisdiction - eight years.
14 (B) He shall not practice law.
15 Section 2. Be it further resolved that this proposed amendment shall be submitted
16to the electors of the state of Louisiana at the statewide election to be held on November 3,
172020.
18 Section 3. Be it further resolved that on the official ballot to be used at the election,
19there shall be printed a proposition, upon which the electors of the state shall be permitted
20to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
21follows:
22 Do you support an amendment that provides for the selection, instead of the
23 election, of all judges and authorizes the legislature to provide by law a
24 system for the selection of all judges? (Amends Article V, Sections 4, 9, 21,
25 22, and 24)
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HB NO. 112
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 112 Original 2020 Regular Session Harris
Abstract: Changes the method judges are chosen from an election process to a selection
process.
Present constitution provides for election of judges at the regular congressional election.
Provides that a vacancy must be filled by special election within 12 months after the vacancy
occurs or the judgeship is established, and provides for the supreme court to appoint a person
to serve until the vacancy is filled. Further provides that a judge shall serve through
December 31 of the last year of his term, or if the last year is not in the year of a regular
congressional election, then through December 31 of the following year.
Proposed constitutional amendment provides for the selection of judges as provided by law
enacted by 2/3 of the elected members of each house. Provides for the selection to take
place at the same time as the regular congressional election. Further provides that a vacancy
shall be filled as provided by law. Provides the term for a judge serving on the effective date
of this amendment is the remaining period of his term of office. Selection occurs in the year
in which the term expires.
Present constitution provides that the term of office, retirement benefits, and compensation
of a judge shall not be decreased during the term for which he is elected.
Proposed constitutional amendment retains present constitution except those decreases
cannot occur during the term for which the judge is selected.
Present constitution provides that judges of the supreme court, court of appeal, district court,
family court, parish court, or juvenile court must be admitted to practice law in the state for
a certain requisite number of years prior to election, and must have been domiciled in the
respective district, circuit, or parish for one year preceding his election.
Proposed constitutional amendment provides for the same bar admittance and domicile as
present constitution prior to selection.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 3, 2020.
(Amends Const. Art. V, §4, §9, §21, §22, and §24)
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