SLS 22RS-498 ORIGINAL 2022 Regular Session SENATE BILL NO. 353 BY SENATOR FIELDS COURTS. Provides relative to the judgeships of the second district of the First Circuit Court of Appeal. (2/3 - CA5s9) (gov sig) 1 AN ACT 2 To amend and reenact R.S. 13:312(1)(b) and 312.1(A), relative to the Court of Appeal for 3 the First Circuit; to provide for the organization of districts within the First Circuit; 4 to provide election sections for the second district of the First Circuit; to provide for 5 the assignment of judgeships for election purposes; to provide for the election of 6 judges; and to provide for related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 13:312(1)(b) and 312.1(A) are hereby amended and reenacted to read 9 as follows: 10 §312. Courts of appeal; circuits and districts 11 There shall be five court of appeal circuits, which shall be subdivided into 12 districts as follows: 13 1. * * * 14 (b) Districts of first circuit. (i) The parishes of Ascension, Assumption, 15 Iberville, Lafourche, Pointe Coupee, St. Mary, Terrebonne, and West Baton Rouge 16 shall compose the first district of the first circuit. The first district shall be further 17 divided into two election sections. Page 1 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 353 SLS 22RS-498 ORIGINAL 1 (aa) Election section one shall be composed of Ascension Parish, 2 Assumption Parish, Iberville Parish, Pointe Coupee Parish, and West Baton Rouge 3 Parish. 4 (bb) Election section two shall be composed of Lafourche Parish, St. Mary 5 Parish, and Terrebonne Parish. 6 (ii) The parish of East Baton Rouge shall compose the second district of the 7 first circuit. The second district shall be further divided into two election 8 sections. 9 (aa) Election section one shall be composed of Precincts 1-8, 1-12, 1-34, 10 1-35, 1-39, 1-40, 1-41, 1-42, 1-43, 1-47, 1-48, 1-49, 1-56, 1-59, 1-64, 1-65, 1-66, 11 1-69, 1-73, 1-74, 1-75, 1-76, 1-79, 1-80, 1-89, 1-97, 1-98, 1-99, 1-105, 1-107, 2-6, 12 2-7, 2-8, 2-33, 3-1, 3-2, 3-3, 3-4, 3-5, 3-6, 3-7, 3-9, 3-10, 3-12, 3-13, 3-14, 3-15, 13 3-16, 3-17, 3-18, 3-19, 3-20, 3-21, 3-22, 3-23, 3-25, 3-26, 3-29, 3-30, 3-31, 3-32, 14 3-33, 3-34, 3-35, 3-36, 3-37, 3-38, 3-39, 3-40, 3-41, 3-43, 3-44, 3-45, 3-46, 3-47, 15 3-48, 3-49, 3-50, 3-51, 3-52, 3-53, 3-54, 3-55, 3-56, 3-57, 3-58, 3-59, 3-60, 3-61, 16 3-62, 3-63, 3-64, 3-65, 3-66, 3-67, 3-68, 3-69, 3-70, 3-71 and 3-72 of East Baton 17 Rouge Parish. 18 (bb) Election section two shall be composed of Precincts 1-1, 1-2, 1-3, 19 1-4, 1-5, 1-6, 1-7, 1-9, 1-10, 1-11, 1-13, 1-14, 1-15, 1-16, 1-17, 1-18, 1-19, 1-20, 20 1-21, 1-22, 1-23, 1-24, 1-25, 1-26, 1-27, 1-28, 1-29, 1-30, 1-31, 1-32, 1-33, 1-36, 21 1-37, 1-38, 1-44, 1-45, 1-46, 1-50, 1-51, 1-52, 1-53, 1-54, 1-55, 1-57, 1-58, 1-60, 22 1-61, 1-62, 1-63, 1-67, 1-68, 1-70, 1-71, 1-72, 1-77, 1-78, 1-81, 1-82, 1-83, 1-84, 23 1-85, 1-86, 1-87, 1-88, 1-90, 1-91, 1-92, 1-93, 1-94, 1-95, 1-100, 1-101, 1-102, 24 1-103, 1-104, 2-1, 2-2, 2-3, 2-4, 2-5, 2-9, 2-10, 2-11, 2-12, 2-13, 2-14, 2-15, 2-16, 25 2-17, 2-18, 2-19, 2-20, 2-21, 2-22, 2-23, 2-24, 2-25, 2-26, 2-27, 2-28, 2-29, 2-30, 26 2-31, 2-32, 2-34, 2-35, 2-36, 2-37, 3-8, 3-11, 3-24, 3-27 and 3-28 of East Baton 27 Rouge Parish. 28 (iii) The parishes of East Feliciana, Livingston, St. Helena, St. Tammany, 29 Tangipahoa, Washington, and West Feliciana shall compose the third district of the Page 2 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 353 SLS 22RS-498 ORIGINAL 1 first circuit. 2 * * * 3 §312.1. Circuit court of appeal; domicile; number of judges; election 4 A.(1) The Court of Appeal for the First Circuit, domiciled in the city of 5 Baton Rouge, shall have twelve judges. Four judges shall be elected from each of the 6 three districts composing the circuit by the qualified electors of each district, 7 respectively. 8 (2) However, in In the first district, one judge, Division C, shall be elected 9 from election section one by the qualified electors of election section one, and one 10 judge, Division A, shall be elected from election section two by the qualified electors 11 of election section two. The remaining two judges in the first district, Divisions B 12 and D, shall be elected by the qualified electors of the entire first district. 13 (3) In the second district, one judge, Division A, shall be elected from 14 election section one by the qualified electors of election section one. The 15 remaining three judges in the second district, Divisions B, C, and D, shall be 16 elected by the qualified electors of election section two. 17 * * * 18 Section 2.(A) Each judge of the second district in office on the effective date of this 19 Act shall be the judge for the election section, subdistrict having the same designation as the 20 election section, subdistrict from which the justice was elected and may complete the term 21 for which he was elected. 22 (B) The successor to the office of a judge of the second district shall be elected from 23 the election section assigned to that office as provided by R.S. 13:312.1. The election shall 24 be from the election section composed as provided by R.S. 13:312. 25 Section 3.(A) The election to fill the judgeship currently designated as Division B 26 of the second district shall be held at the congressional elections to be held in 2022 from 27 election section two as established by this Act or at any specially called election due to the 28 earlier of the death, resignation, retirement, or incapacity of a judge serving on the effective 29 date of this Act. Page 3 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 353 SLS 22RS-498 ORIGINAL 1 (B) The election to fill the judgeship currently designated as Division C of the 2 second district shall be held at the congressional elections to be held in 2024 from election 3 section two as established by this Act or at any specially called election due to the earlier of 4 the death, resignation, retirement, or incapacity of a judge serving on the effective date of 5 this Act. 6 Section 4.(A) The precincts referenced in this Act are those precincts identified as 7 Voting Districts (VTDs) in the 2020 Census Redistricting TIGER/Line Shapefiles for the 8 State of Louisiana as validated through the data verification program of the Louisiana House 9 of Representatives and the Louisiana Senate and available on the legislature's website on the 10 effective date of this Section. 11 (B) When a precinct referenced in this Act has been subdivided by action of the 12 parish governing authority on a nongeographic basis or subdivided by action of the parish 13 governing authority on a geographic basis in accordance with the provisions of R.S. 14 18:532.1, the enumeration in this Act of the general precinct designation shall include all 15 nongeographic and all geographic subdivisions thereof, however such subdivisions may be 16 designated. 17 (C) The territorial limits of the districts as provided in this Act shall continue in 18 effect until changed by law regardless of any subsequent change made to the precincts by 19 the parish governing authority. 20 Section 5. This Act shall become effective upon signature by the governor or, if not 21 signed by the governor, upon expiration of the time for bills to become law without signature 22 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 23 vetoed by the governor and subsequently approved by the legislature, this Act shall become 24 effective on the day following such approval. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by J. W. Wiley. DIGEST SB 353 Original 2022 Regular Session Fields Present law divides the state into five court of appeal circuits and divides each circuit intothree districts. Provides that the Court of Appeal for the First Circuit is comprised ofAscension, Assumption, East Baton Rouge, East Feliciana, Iberville, Lafourche, Livingston, Page 4 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 353 SLS 22RS-498 ORIGINAL Pointe Coupee, St. Helena, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Washington, West Baton Rouge, and West Feliciana parishes. Present law provides that the second district of the Court of Appeal for the First Circuit iscomprised of East Baton Rouge Parish. Present law provides that the second district will be divided into two subdistricts pursuantto 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., CivilAction No. 86-435(A). Subdistrict one shall elect judges for Divisions A, B, and C.Subdistrict two shall elect a judge for Division D. Proposed law divides the second district into two election sections. Further provides that thejudge for Division A will be elected from election section one, and the remaining threejudges, Divisions B, C, and D, will be elected from election section two. Proposed law provides that each judge of the second district in office on the effective dateof this Act will be the judge for the election section, subdistrict having the same designationas the election section, subdistrict from which the justice was elected and may complete theterm for which he was elected. Further provides that the successor to the office of a judgeof the second district will be elected from the election section assigned to that office as provided by proposed law. Proposed law provides the election to fill the judgeships currently designated as Division Band C will be held at the congressional elections to be held in 2022 and 2024, respectively. Proposed law specifies that precincts referenced in district descriptions are those precinctsidentified as Voting Districts (VTDs) in the 2020 Census Redistricting TIGER/LineShapefiles for the state of La. as validated through the data verification program of the La.legislature. Also specifies that if any such precinct has been subdivided by action of theparish governing authority on a nongeographic basis or subdivided by action of the parish governing authority on a geographic basis in accordance with present law, the enumerationof the general precinct designation shall include all nongeographic and all geographicsubdivisions thereof. Further provides that the territorial limits of the districts as enactedshall continue in effect without change regardless of any subsequent change made to theprecincts by the parish governing authority. Population data in the summaries accompanying this digest are derived from 2020 Census Redistricting Data (Public Law 94-171), Summary File for Louisiana. Population data, statistical information, and maps are supplied for purposes of information and analysis and comprise no part of proposed law. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 13:312(1)(b) and 312.1(A)) Page 5 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 227,271Election Section 1 1 114,195 113,076 99.020% 229,510Election Section 2 3 342,585 -113,075 -33.006% Plan: SLS 22RS-498 Plan Statistics Districts: Relative DeviationAbsolute Deviation# of Members Actual PopulationIdeal Population Grand Total: 4 456,781 456,780 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: 114195 2 227,271 113,076 -113,075 226,151 66.01% -33.01% 132.03% to to to 229,510 113,076 99.02% -1 1 0 Election Section 1 52,986 10,877 3,166 15,645227,271 144,597 18,072 179,541 11,1322,4938,23638,528119,152 12,691 23.314% 4.786% 1.393% 6.884%100.000% 63.623% 7.952% 100.000% 21.459%66.365% 4.587% 1.389% 6.200% 7.069% Election Section 2 160,412 5,548 1,561 10,517229,510 51,472 12,479 176,071 7,4631,2544,363118,26244,729 8,848 69.893% 2.417% 0.680% 4.582%100.000% 22.427% 5.437% 100.000% 67.167%25.404% 2.478% 0.712% 4.239% 5.025% Plan: SLS 22RS-498 Total Population Total Population VAP Total Total Hispanic Total Other Total American Indian Total Asian Total White Total Black VAP White VAP Black VAP Asian VAP American Indian VAP Other VAP Hispanic Total Grand Total 213,398 16,425 4,727 26,162456,781 196,069 30,551 355,612 18,5953,74712,599156,790163,881 21,539 46.718% 3.596% 1.035% 5.727%100.000% 42.924% 6.688% 100.000% 5.229%1.054%3.543%44.090%46.084% 6.057% Election Section 1 28,488 9,995 45,350 60,382145,115 106,632 39,383 19.631% 6.888% 31.251% 41.610%80.826% 73.481% 27.139% Election Section 2 96,187 6,362 86,175 16,553134,149 31,600 31,421 71.702% 4.742% 64.238% 12.339%76.190% 23.556% 23.422% Plan: SLS 22RS-498 Voter Registration Reg Total Dec 2021 Reg Other Total Dec 2021 Reg Rep Total Dec 2021 Reg Dem Total Dec 2021 Reg Other Dec 2021 Reg White Dec 2021 Reg Black Dec 2021 Grand Total 124,675 16,357 131,525 76,935279,264 138,232 70,804 Election Section 1 *East Baton Rouge 52,986 10,877 3,166 15,645227,271 144,597 179,541 119,152 145,11511,1322,4938,23638,528 28,488106,632 9,995 Election Section 1 52,986 10,877 3,166 15,645227,271 144,597 179,541 119,152 145,11511,1322,4938,23638,528 106,632 28,488 9,995 23.314% 4.786% 1.393% 6.884%100.000% 63.623% 100.000% 66.365% 80.826%6.200%1.389%4.587%21.459% 73.481% 19.631% 6.888% Election Section 2 *East Baton Rouge 160,412 5,548 1,561 10,517229,510 51,472 176,071 44,729 134,1497,4631,2544,363118,262 96,18731,600 6,362 Election Section 2 160,412 5,548 1,561 10,517229,510 51,472 176,071 44,729 134,1497,4631,2544,363118,262 31,600 96,187 6,362 69.893% 2.417% 0.680% 4.582%100.000% 22.427% 100.000% 25.404% 76.190%4.239%0.712%2.478%67.167% 23.556% 71.702% 4.742% Plan: SLS 22RS-498 Splits Total Population VAP WhiteVAP Total Total Other Total American Indian Total Asian Total White Total Black VAP Black VAP Asian VAP American Indian VAP Other Reg Total Dec 2021 Reg White Dec 2021 Reg Black Dec 2021 Reg Other Dec 2021 EBR Livingston WBR Iberville St. Helena Pointe Coupee E Feliciana Ascension W Feliciana 6 27 2 4-1 2-6 4 21 2-5 19 6B 6A 5 18 18 4 3 2-7 9 20 1 2 23 22 19 18 20 5 20 22 5 19 3 19A 22 11 17 1 16 2 1C 3 15 3-2 8A 12 2-8 21A 4 10 17 4 1A 21 2-26 3-1 6 8B 3-50 3 3-47 6 16 7 2-37 3 24 28 3-1 3-56 27 2-21 8 8 2-28 3A 765 9 2 2-35 3-6 5B 8 1 2-15 3-9 36A 29 5A 15 2-32 3-30 39 4A 2-14 2-13 2-3 1B 1-17 3-37 3-57 43 3-8 3-21 7 3-26 7B 36 40 2-34 23C 2-25 16 25 3-5 3-2 7C 34 2-33 3-61 2-1 24C 3B 3-48 3-25 2A 61 64 9 33 1-91 14 3-19 2-27 7A 3-14 41 23B 2-24 14 2A 29 39A 1C 3-46 2-17 10 3-22 3-70 9 12 3-67 1-54 3-69 2-9 10 1A 28A 35 3-54 2-10 3-35 3-39 3-38 3-58 1-95 1-100 2-18 2-12 3-24 1-5 40A 13 3-12 3-63 2-11 1-1 23A 1-46 26 1-102 24B 1-97 3-51 3-33 10A 7 3-45 1D 21 35A 1-73 1-2 3-52 1-56 1B 1-80 3-62 1-70 3-18 3-23 3-71 1-98 1-101 1-23 1-89 2-22 1-78 7D 2-2 3-27 5C 1-33 3-40 1-47 3-3 2-29 1-86 1-99 2-30 3-7 2-4 1-42 1-85 26B 1-90 1-31 7A 3-59 2-36 1-52 1-60 3-17 1-83 3-31 1-34 4B 1-20 3-41 1-55 1-9 1-69 1-48 1-74 1-43 1-36 2-31 26A 1-58 1-71 28B 3-28 1-13 3-29 1-37 2B 1-49 1-82 7B 39B 15 1-92 1-53 1-57 1-61 1-103 1-10 ! 1 ! 2 Courts of Appeal: 1st Circuit - 2nd District