Louisiana 2020 2020 Regular Session

Louisiana House Bill HB62 Engrossed / Bill

                    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,
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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 "
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¬«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