HLS 20RS-104 REENGROSSED 2020 Regular Session HOUSE BILL NO. 62 BY REPRESENTATIVE WILFORD CARTER JUDGES/DISTRICT: Provides relative to the election of judges in the 14 th JDC 1 AN ACT 2To amend and reenact R.S. 13:477(14), 589(A), and 621.14, relative to the Fourteenth 3 Judicial District; to provide for the election of judges in the Fourteenth Judicial 4 District; to provide for a new division of the court with limited or specialized 5 jurisdiction; to abolish a division of the court; to provide for the composition of the 6 election sections for the election of judges; to provide for the election sections from 7 which the judges are elected; to provide relative to the election of the magistrate 8 judge of the Fourteenth Judicial District; and to provide for related matters. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 13:477(14), 589(A), and 621.14 are hereby amended and reenacted 11to read as follows: 12 §477. Judicial districts 13 There shall be forty-one judicial districts in the state and each district shall 14 be composed as follows: 15 * * * 16 (14) The parish of Calcasieu shall compose the Fourteenth District. The 17 Fourteenth District shall consist of three election sections. 18 (a) Election section one shall consist of Precincts 30, 31, 31A, 100, 101, 102, 19 103S, 104E, 104W, 105, 106, 107, 108, 109, 112E, 112W, 113, 117E, 117W, 123N, 20 123S-A & 123S-B, 124A & 124B, and 125 300, 301, 302, 303, 304, 305, 307, 308, Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-104 REENGROSSED HB NO. 62 1 309E, 309W, 310, 311, 312, 313E, 313W, 315E, 315W, 316E, 317, 318, 319N, 2 319S, 320E, 320W, 321, 322, 323, 324, 327, 328, 329, 330, 332N, 332S, 360, 361, 3 364, 371N, 800, 801, 860S, 861E, and 861W of Calcasieu Parish. 4 (b) Election section two shall consist of Precincts 10E, 10W, 11, 12A & 12B, 5 13, 20, 21, 22, 32N, 32S-A & 32S-B, 33A, 34, 40, 41E, 41W, 42E, 42W, 50, 52, 53, 6 60, 61, 62, 63E, 63W, 80, 81, 81A*, 111, 114A & 114B, 115, 116, 118E, 118W, 7 119NE, 119NW, 119SE, 119SW, 120, 121, 122, 126A, 126C-A & 126C-B, 126E, 8 126W, 170, 171, 172, 173, 190, 191, 200A & 200B, and 201 160E, 160W, 161, 9 162E, 162W, 163, 164, 165, 166E, 166W, 167, 260, 261, 262, 306, 314, 316W, 326, 10 331, 335, 337, 338, 339, 340, 362, 367, 368, 369, 370, 371S, 372, 440, 441, 461, 11 463, 464, and 860N of Calcasieu Parish. 12 (c) Election section three shall consist of Precincts 33B, 33E, 33W-A & 13 33W-B, 35N-A & 35N-B, 35S, 43, 44N, 44S-A & 44S-B, 45, 46, 70, 71, 72, 110, 14 150, 151, 152, 153, 155A & 155B, 156, 157, 158, 180, 181, 182, and 183 325, 333, 15 334, 336, 363, 365, 366, 400, 401, 402, 403, 404, 405, 406, 407, 408, 460E, 460W, 16 465, 466E, 466W, 467, 468, 469, 560, 561, 562, 600, 601, 602, 603, 660, 661, 662, 17 663, 664, 700, 701, 702, 703, 760, 761, and 762 of Calcasieu Parish. 18 * * * 19 §589. Fourteenth Judicial District Court; magistrate judge 20 A. The office of magistrate judge of the Fourteenth Judicial District Court 21 is hereby created and shall be an elected position. The magistrate judge shall be 22 elected from election sections one and three combined at large from the Fourteenth 23 Judicial District. The initial election shall occur in the fall of 2020 and the elected 24 term shall begin January 1, 2021. The magistrate judge shall serve a six-year term. 25 The position is a full-time position, and the magistrate judge is prohibited from 26 practicing law. 27 * * * Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-104 REENGROSSED HB NO. 62 1 §621.14. Fourteenth Judicial District 2 A. The Fourteenth Judicial District Court shall have nine judges. Two 3 judges, Divisions F and H, shall be elected from election section one; four judges, 4 Divisions B, C, D, and G, shall be elected from election section two; two judges, 5 Divisions A and E, shall be elected from election section three; and one judge, 6 Division I, shall be elected from election sections one and three combined. Three 7 judges shall be elected from each of the election sections created pursuant to R.S. 8 13:477(14) as follows: 9 (1) Divisions F, H, and J shall be elected from election section one. 10 (2) Divisions C, D, and G shall be elected from election section two. 11 (3) Division A, B, and E shall be elected from election section three. 12 B.(1) There is hereby created a new judgeship effective January 1, 2021, to 13 be elected at the congressional election in 2020. This judge and his successors shall 14 preside over Division J, which is hereby created for purposes of nomination, 15 election, and subject matter. The subject matter jurisdiction of Division J is limited, 16 pursuant to the provisions of Article V, Section 15(A) of the Constitution of 17 Louisiana, to family and juvenile matters as provided by law. 18 (2) For purposes of this Subsection, "family and juvenile matters" shall 19 include all actions arising under Titles IV, V, and VII of Book I and Title VI of Book 20 III of the Louisiana Civil Code and related provisions of the Civil Code Ancillaries, 21 adoptions arising under the Louisiana Civil Code and the Louisiana Children's Code, 22 actions involving protection from family violence pursuant to R.S. 46:2131 et seq., 23 actions for enforcement, collection of support, and paternity pursuant to R.S. 24 46:236.5, and all actions arising under or incidental to the Children's Code; together 25 with all related incidental actions, including but not limited to contempt, civil 26 warrants, writs of habeas corpus, change of name, prenuptial or separate property 27 agreements, interspousal donations, lesion, and challenges to consent judgments. 28 (3) The judgeship comprising Division I shall be abolished effective 29 midnight, December 31, 2020. All cases assigned to Division I shall be assigned to Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-104 REENGROSSED HB NO. 62 1 the newly created Division J. No election to fill Division I shall be held to fill such 2 judgeship at the 2020 congressional election or at any election held after the effective 3 date of this Act. 4 C. In accordance with the provisions of R.S. 13:587, the judges elected to 5 serve in the judgeships designated as Divisions A and C shall continue to exercise 6 jurisdiction over family and juvenile matters, subject to the provisions of that 7 Section. 8 Section 2.(A) The precincts referenced in this Act are those contained in the file 9named "2018 Precinct Shapefiles" published on the Louisiana House of Representatives 10website. The 2018 Precinct Shapefiles are based upon those Voting Districts (VTDs) 11contained in the 2010 Census Redistricting TIGER/Line Shapefiles for the state of Louisiana 12as those files have been modified by the staff of the Legislature of Louisiana to represent 13precinct changes submitted through July 3, 2018, to the Legislature of Louisiana by parish 14governing authorities pursuant to the provisions of R.S. 18:532 and 532.1. 15 (B) When a precinct referenced in this Act has been subdivided by action of the 16parish governing authority on a nongeographic basis or subdivided by action of the parish 17governing authority on a geographic basis in accordance with the provisions of R.S. 1818:532.1, the enumeration in this Act of the general precinct designation shall include all 19nongeographic and all geographic subdivisions thereof, however such subdivisions may be 20designated. The territorial limits of the election sections as provided in this Act shall 21continue in effect without change regardless of any changes made to the precincts by the 22parish governing authority. 23 Section 3. This Act shall become effective upon signature by the governor or, if not 24signed by the governor, upon expiration of the time for bills to become law without signature 25by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 26vetoed by the governor and subsequently approved by the legislature, this Act shall become 27effective on the day following such approval. Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-104 REENGROSSED HB NO. 62 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 62 Reengrossed 2020 Regular Session Wilford Carter Abstract: Changes how the magistrate judge is elected in the Fourteenth Judicial District, changes the composition of the election sections in the Fourteenth Judicial District, provides relative to the divisions of the Fourteenth Judicial District, and provides relative to the subject matter of Division J. Present law creates the office of magistrate judge of the Fourteenth Judicial District Court and provides that the magistrate judge shall be elected from election sections one and three combined. Present law further provides that the magistrate judge shall serve a six-year term and that the position is a full-time position in which the magistrate judge is prohibited from practicing law. Present law further provides that the initial election shall occur in the fall of 2020 and that the term shall begin Jan. 1, 2021. Proposed law retains present law except in how the magistrate judge is elected. Proposed law provides that the magistrate judge shall be elected at large from the Fourteenth Judicial District instead of being elected from specific election sections. Proposed law specifies that precincts referenced in district descriptions in proposed law are those contained in the file named "2018 Precinct Shapefiles" published on the La. House of Representatives website. Specifies that the 2018 Precinct Shapefiles are based upon those Voting Districts (VTDs) contained in the 2010 Census Redistricting TIGER/Line Shapefiles for the state of La. as those files have been modified by the staff of the legislature to represent precinct changes submitted through July 3, 2018, to the legislature by parish governing authorities pursuant to the provisions of present law (R.S. 18:532 and 532.1). Present law provides that the Fourteenth Judicial District Court shall have nine judges. Present law provides that two judges (Divisions F and H) shall be elected from election section one, four judges (Divisions B, C, D, and G) shall be elected from election section two, two judges (Divisions A and E) shall be elected from election section three, and one judge (Division I) shall be elected from election sections one and three combined. Proposed law retains present law except proposed law provides that the three judges shall be elected from each of the election sections created by proposed law as follows: Divisions F, H, and J shall be elected from election section one; Divisions C, D, and G shall be elected from election section two; and Divisions A, B, and E shall be elected from election section three. Proposed law creates a new judgeship (Division J) effective Jan. 1, 2021, who shall be elected at the congressional election in 2020 and limits the subject matter of Division J to family and juvenile matters and defines what family and juvenile matters include. Proposed law eliminates the Division I judgeship effective midnight, Dec. 31, 2020. Proposed law retains the jurisdiction of Divisions A and C over family and juvenile matters. Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-104 REENGROSSED HB NO. 62 Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 13:477(14), 589(A), and 621.14) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Judiciary to the original bill: 1. Add an effective date of July 1, 2020. The House Floor Amendments to the engrossed bill: 1. Change the composition of all the election sections in the Fourteenth Judicial District. 2. Change the magistrate judge election to an at-large election. 3. Make changes to the divisions of the Fourteenth Judicial District. 4. Limit Division J subject matter to family and juvenile matters and define what family and juvenile matters include. 5. Change the effective date from July 1, 2020, to being effective upon the signature of the governor. Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 61,152Elec.Sec.1 3 64,256 -3,104 -4.831% 65,812Elec.Sec.2 3 64,256 1,556 2.422% 65,804Elec.Sec.3 3 64,256 1,548 2.409% Plan Statistics Districts: Relative DeviationAbsolute Deviation# of Members Actual PopulationIdeal Population Grand Total: 9 192,768 192,768 Ideal Population Per Member: Number of Districts for Plan Type: Absolute Mean Deviation: Range of District Populations: Absolute Overall Range: Absolute Range: Relative Overall Range: Relative Range: Relative Mean Deviation: Ideal - Actual: Unassigned Population: Remainder: 21418 3 61,152 1,553 -3,104 4,660 3.22% -4.83% 7.25% to to to 65,812 1,556 2.42% 0 0 0 Elec.Sec.1 Calcasieu 37,833 655 852 36,87561,152 21,403 11,865 23,552 9,3104,77322,7921,458 Elec.Sec.1 37,833 655 852 36,87561,152 21,403 11,865 23,552 9,3104,77322,7921,458 61.867% 1.071% 1.393% 80.817%100.000% 35.000% 32.176% 63.870% 25.247%12.944%61.809%3.954% Elec.Sec.2 Calcasieu 6,866 1,029 795 43,96265,812 56,567 37,934 4,294 12,86917,34713,7461,734 Elec.Sec.2 6,866 1,029 795 43,96265,812 56,567 37,934 4,294 12,86917,34713,7461,734 10.433% 1.564% 1.208% 89.610%100.000% 85.952% 86.288% 9.768% 29.273%39.459%31.268%3.944% Elec.Sec.3 Calcasieu 5,126 866 606 42,94365,804 58,544 38,320 2,960 12,80316,60313,5371,663 Elec.Sec.3 5,126 866 606 42,94365,804 58,544 38,320 2,960 12,80316,60313,5371,663 7.790% 1.316% 0.921% 87.516%100.000% 88.967% 89.235% 6.893% 29.814%38.663%31.523%3.873% Plan Type: 14th JDC (3,3,3) Assigned Districts - Pop by Geo Date: May 7, 2020 Time: 12:54 PM DB: LA_2018_12 Total Population Reg Black Dec 2018 Reg White Dec 2018 Reg Total Dec 2018 Total Other Total Asian Total White Total Black Reg Other Dec 2018 Reg Dem Total Dec 2018 Reg Rep Total Dec 2018 Reg Other Total Dec 2018 Page: 1 of 1 Grand Total 49,825 2,550 2,253 123,780192,768 136,514 88,119 30,806 34,98238,72350,0754,855 " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """"""" " " " " " " " " " " " "" " " " " " " " " " " " " " " " " " " " " "" " "" "" " " """ " "" " " " " " " "" " " " " " " """ " " " " " " " " " " " """" "" " """""" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " "" "" " " """ " """" " " " " " " " " " " " " " " " " " " " " " " " """ " "" " " " " " " " """" " " " " " " " " " " " " " " " " " " " " "" """"" " " """" " " " """" " " " " " " " " " " " " " " " " " " " " " " " " " " " " """ " " " " " " " " "" " """""" " "" "" " " "" " """ " " "" " " " " " "" " " " "" """" " " " " " " " " " " " " " " " " " " " " " " " " " " " "" " " " " " " " " " " " " " " " " " " " " """""""" " " " " " " " " " " " " " "" " " " " " " " " " " " " " " " " " " " " " " " " " " "" " " " " " " " """" " " " "" " " " " " " " " " " " " " " " """"""""" " " " " " """"" " " "" "" " " " " " " " " " " " " " " " """"""""" " " " " " " " " " " " " " " " " """""" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """ " " " """ " """ "" """"""" " " " " """"" " " " " " " " " " " " " """ " " " " "" " " " " " " " " " " "" " " " " " " """""""" """ " " " "" " " " "" " " " " " " " " " " " "" "" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """"" " " " " " " " " " " " " " "" " " " " " " " " " " " " " " " " " " " """ " " "" """""""" " " " " " "" "" " " " " " " " " " " " " " " " " " " " " " " " " " " """" " """"" "" "" " " " " " """ " " " """ " """ " " " " """ " " " " " " " " " " " " " " " " " " " """"" " " " " " " " " " " " " " " " " " " "" """ " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """" " " " " " " " " " "" """""" " " """"""""" " """ " " " " " " " " " """" " " " " " " " " " " " " "" " """ " "" """" """" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """ " " " " " "" " " " " " " " """"""""""" " " " " " " " " " " """" " " " " " " " " " " " " " " "" " " """" " " " " " "" " " " " " " " " " "" " " " " """" " """""" "" " """" "" " " " " " " """" " " " "" " "" "" " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " """ " " " "" " " " " " " " " " " " " " " " " " " " " " " """ " " " " " " " " " " " " " " " " " " " " " " "" """ " "" " " "" " " " " " " "" """ " " " " " " " " " """" " " " " " " """"""" " " " """" " " " " """" " " " " " " " " " " " "" """""""" " " " " " " " ¬«3 ¬«2 ¬«1 Calcasieu Cameron Beauregard Allen Jeff Davis 4 1 1 23 11 2 16C 560 12 10 3-2 5S 761 469 14 3-1 260 760 561 16 18 661 261 662 562 762 468 365 460W 13 12A 164 17 2-6 13 370 16B 860N 663 12 861E 660 371S 2-2 161 860S 664 16A 467 2-3 463 262 461 364 405 160W 360 12B 5N 13A 369 465 167 464 162W 361 14A 19 466E 466W 14 700 363 861W 313E 368 163 306 166E 400 160E 460E 165 801 366 367 302 371N 800 162E 300 600 166W 301 404 406 441 316W 703 440 336 333 340 401 372 403 324 362 407 402 328 338 601 329 408 326 325 334 322 331 335 327 1574 Proposed Election Sections 14th JDC