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2024 Regular Session
SENATE BILL NO. 177
BY SENATOR MORRIS
COURTS. Constitutional amendment to increase the non-lawyer membership of and provide
for the selection judiciary commission members and to require investigations be conducted
by directive of the supreme court. (2/3 - CA13s1(A))
1 A JOINT RESOLUTION
2 Proposing to amend Article V, Section 25(C) of the Constitution of Louisiana, relative to the
3 judiciary commission; to require the judiciary commission to conduct certain
4 investigations; to specify an election for submission of the proposition to electors;
5 and to provide a ballot proposition.
6 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
7 elected to each house concurring, that there shall be submitted to the electors of the state, for
8 their approval or rejection in the manner provided by law, a proposal to amend Article V,
9 Section 25(A) and (C) of the Constitution of Louisiana, to read as follows:
10 ยง25. Judiciary Commission
11 Section 25. * * *
12 * * *
13 (C) Powers. On recommendation of the judiciary commission, the The
14 supreme court may, after an investigation by the judiciary commission, which
15 shall be instituted on recommendation by the judiciary commission or by
16 directive of a majority of the supreme court, censure, suspend with or without
17 salary, remove from office, or retire involuntarily a judge for willful misconduct
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1 relating to his official duty, willful and persistent failure to perform his duty,
2 persistent and public conduct prejudicial to the administration of justice that brings
3 the judicial office into disrepute, malfeasance while in office, conduct while in
4 office which would constitute a felony, or conviction of a felony. On
5 recommendation of the judiciary commission, the The supreme court may, after an
6 investigation by the judiciary commission, which shall be instituted on
7 recommendation by the judiciary commission or by directive of a majority of
8 the supreme court, disqualify a judge from exercising any judicial function, without
9 loss of salary, during pendency of proceedings in the supreme court. On
10 recommendation of the judiciary commission, the The supreme court may, after an
11 investigation by the judiciary commission, which shall be instituted on
12 recommendation by the judiciary commission or by directive of a majority of
13 the supreme court, retire involuntarily a judge for disability that seriously interferes
14 with the performance of his duties and that is or is likely to become permanent. The
15 supreme court may, pending an investigation by the judiciary commission,
16 temporarily suspend with or without salary, a judge for willful misconduct
17 relating to his official duty, willful and persistent failure to perform his duty,
18 conduct in violation of the code of judicial conduct, prejudicial to the
19 administration of justice that bring the judicial office into disrepute,
20 malfeasance while in office, or conduct while in office which would constitute
21 a felony, or conviction of a felony. The supreme court shall make rules
22 implementing this Section and providing for confidentiality and privilege of
23 commission proceedings.
24 * * *
25 Section 2. Be it further resolved that this proposed amendment shall be submitted to
26 the electors of the state of Louisiana at the statewide election to be held on November 5,
27 2024.
28 Section 3. Be it further resolved that on the official ballot to be used at said election
29 there shall be printed a proposition, upon which the electors of the state shall be permitted
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1 to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
2 follows:
3 Do you support an amendment to require the judiciary commission, at the
4 direction of the supreme court or on recommendation by the judiciary
5 commission, to investigate sitting judges prior to enforcement of certain
6 disciplinary actions for cause?
7 (Amends Article V, Section 25(A) and (C))
The original instrument was prepared by Jonathon Wagner. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Hanna Gettys.
DIGEST
SB 177 Reengrossed 2024 Regular Session Morris
Present constitutional amendment allows the supreme court to discipline a sitting judge for
cause after receiving a recommendation from the judiciary commission.
Proposed constitutional amendment adds "malfeasance while in office" to the list of
specified actions for which the supreme court may pursue disciplinary action against a sitting
judge.
Proposed constitutional amendment requires the judiciary commission, after receiving a
directive from the supreme court or on recommendation by the judiciary commission, to
investigate a sitting judge prior to the supreme court taking disciplinary action against a
sitting judge for cause.
Proposed constitutional amendment provides that the supreme court may, pending an
investigation by the judiciary commission, temporarily suspend with or without salary, a
judge for willful misconduct relating to his official duty, willful and persistent failure to
perform his duty, conduct in violation of the code of judicial conduct, prejudicial to the
administration of justice that bring the judicial office into disrepute, malfeasance while in
office, or conduct while in office which would constitute a felony, or conviction of a felony.
Proposed constitutional amendment otherwise retains present constitution.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 5, 2024.
(Amends Const. Art. V, Sec. 25(C))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Removes the proposed changes to the composition of the judiciary
commission.
2. Adds that an investigation by the judiciary commission may be instituted by
either a majority of the supreme court or by recommendation by the judiciary
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commission.
3. Changes ballot language to include "or on recommendation by the judiciary
commission".
Senate Floor Amendments to engrossed bill
1. Adds that the supreme court may temporarily suspend a judge with or
without salary for certain misconduct.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.