2024 Regular Session ENROLLED SENATE BILL NO. 177 BY SENATOR MORRIS 1 A JOINT RESOLUTION 2 Proposing to amend Article V, Section 25(C) and to add Article V, Section 25(A)(4) of the 3 Constitution of Louisiana, relative to the judiciary commission; to require the 4 judiciary commission to conduct certain investigations; to provide for membership 5 of the judiciary commission; to specify an election for submission of the proposition 6 to electors; and to provide a ballot proposition. 7 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members 8 elected to each house concurring, that there shall be submitted to the electors of the state, for 9 their approval or rejection in the manner provided by law, a proposal to amend Article V, 10 Section 25(C) and to add Article V, Section 25(A)(4) of the Constitution of Louisiana, to 11 read as follows: 12 ยง25. Judiciary Commission 13 Section 25.(A) Composition. The judiciary commission shall consist of 14 * * * 15 (4) two appointees of the speaker of the Louisiana House of 16 Representatives, two appointees of the president of the Louisiana Senate, and 17 one appointee of the governor. 18 * * * 19 (C) Powers. On recommendation of the judiciary commission, the The 20 supreme court may, after an investigation by the judiciary commission, which 21 shall be instituted on recommendation by the judiciary commission or by 22 directive of a majority of the supreme court, censure, suspend with or without 23 salary, remove from office, or retire involuntarily a judge for willful misconduct 24 relating to his official duty, willful and persistent failure to perform his duty, 25 persistent and public conduct prejudicial to the administration of justice that brings 26 the judicial office into disrepute, malfeasance while in office, conduct while in 27 office which would constitute a felony, or conviction of a felony. On ACT No. 405 Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 177 ENROLLED 1 recommendation of the judiciary commission, the The supreme court may, on 2 recommendation of the judiciary commission, or on its own motion, disqualify 3 a judge from exercising any judicial function, without loss of salary, during 4 pendency of proceedings in the supreme court. On recommendation of the judiciary 5 commission, the The supreme court may, after an investigation by the judiciary 6 commission, which shall be instituted on recommendation by the judiciary 7 commission or by directive of a majority of the supreme court, retire 8 involuntarily a judge for disability that seriously interferes with the performance of 9 his duties and that is or is likely to become permanent. The supreme court shall make 10 rules implementing this Section and providing for confidentiality and privilege of 11 commission proceedings. 12 * * * 13 Section 2. Be it further resolved that this proposed amendment shall be submitted to 14 the electors of the state of Louisiana at the statewide election to be held on December 7, 15 2024. 16 Section 3. Be it further resolved that on the official ballot to be used at said election 17 there shall be printed a proposition, upon which the electors of the state shall be permitted 18 to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as 19 follows: 20 Do you support an amendment to allow the supreme court to sanction a judge 21 upon an investigation by the judiciary commission, and provide that the 22 recommended sanction shall be instituted by the judiciary commission or by 23 a majority of the supreme court, and to provide for the appointment of five 24 members of the judiciary commission? 25 (Amends Article V, Section 25(C); adds Article V, Section 25(A)(4)) PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.