HLS 20RS-32 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 90
BY REPRESENTATIVE ZERINGUE AND SENATOR MORRI S
JUDGES: (Constitutional Amendment) Provides relative to documents and proceedings of
the judiciary commission
1 A JOINT RESOLUTION
2Proposing to amend Article V, Section 25(C) of the Constitution of Louisiana, to provide
3 relative to the judiciary commission; to provide that matters relative confidentiality
4 and privilege of documents and proceedings of the judiciary commission shall be
5 provided by law; to provide for submission of the proposed amendment to the
6 electors; and to provide 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, Section 25(C) of the Constitution of Louisiana, to read as follows:
11 §25. Judiciary Commission
12 Section 25.
13 * * *
14 (C) Powers. On recommendation of the judiciary commission, the supreme
15 court may censure, suspend with or without salary, remove from office, or retire
16 involuntarily a judge for willful misconduct relating to his official duty, willful and
17 persistent failure to perform his duty, persistent and public conduct prejudicial to the
18 administration of justice that brings the judicial office into disrepute, conduct while
19 in office which would constitute a felony, or conviction of a felony. On
20 recommendation of the judiciary commission, the supreme court may disqualify a
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-32 ORIGINAL
HB NO. 90
1 judge from exercising any judicial function, without loss of salary, during pendency
2 of proceedings in the supreme court. On recommendation of the judiciary
3 commission, the supreme court may retire involuntarily a judge for disability that
4 seriously interferes with the performance of his duties and that is or is likely to
5 become permanent. The supreme court shall make rules implementing this Section
6 and providing for confidentiality and privilege of commission proceedings; however,
7 all matters related to the confidentiality and privilege of commission documents and
8 proceedings shall be provided by law.
9 * * *
10 Section 2. Be it further resolved that this proposed amendment shall be submitted
11to the electors of the state of Louisiana at the statewide election to be held on November 3,
122020.
13 Section 3. Be it further resolved that on the official ballot to be used at the election,
14there shall be printed a proposition, upon which the electors of the state shall be permitted
15to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
16follows:
17 Do you support an amendment to provide that matters related to the
18 confidentiality of documents and proceedings related to disciplinary actions
19 against judges shall be provided by law rather than by rules of the state
20 supreme court? (Amends Article V, Section 25(C))
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 90 Original 2020 Regular Session Zeringue
Abstract: Provides that matters related to the confidentiality and privilege of documents
and proceedings related to the discipline of judges by the judiciary commission shall
be provided by law rather than by rules of the supreme court.
Present constitution creates and provides for the judiciary commission. Provides that the
commission shall be composed of one court of appeal judge and two district court judges
selected by the supreme court; two attorneys admitted to the practice of law for at least 10
years and one attorney admitted to the practice of law for at least three years but not more
than 10 years (not active or retired judges or public officials), selected by the Conference of
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-32 ORIGINAL
HB NO. 90
Court of Appeal Judges or its successor; and three citizens (not lawyers, active or retired
judges, or public officials) selected by the La. District Judges' Assoc. or its successor.
Provides that the supreme court, upon recommendation of the judiciary commission, may:
(1)Censure, suspend with or without salary, remove from office, or retire involuntarily
a judge for willful misconduct relating to his official duty, willful and persistent
failure to perform his duty, persistent and public conduct prejudicial to the
administration of justice that brings the judicial office into disrepute, conduct while
in office which would constitute a felony, or conviction of a felony.
(2)Disqualify a judge from exercising any judicial function, without loss of salary,
during proceedings in the supreme court.
(3)Retire involuntarily a judge for disability that seriously interferes with the
performance of his duties and that is or is likely to become permanent.
Present constitution requires the supreme court to make rules implementing the provisions
of the present constitution regarding the judiciary commission and providing for
confidentiality and privilege of commission proceedings.
Proposed constitutional amendment provides instead that all matters related to the
confidentiality and privilege of commission documents and proceedings shall be provided
by law; otherwise retains present constitution.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 3, 2020.
(Amends Const. Art. V, §25(C))
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.