Louisiana Senate Bill SB78

Louisiana 2024 Regular Session

• Introduced: 2/28/24
• Refer: 2/28/24
• Refer: 3/11/24
• Report Pass: 4/9/24
• Engrossed: 4/16/24
• Refer: 4/17/24
• Refer: 5/1/24
• Refer: 5/6/24
• Report Pass: 5/20/24

Caption

Constitutional amendment to authorize the legislature, by law, to establish additional courts enacted by a two-thirds vote. (2/3 - CA12s1(A)) (EG1 SEE FISC NOTE GF EX)

Impact

If passed, this amendment would fundamentally reshape the framework of judicial power within Louisiana by expanding the legislature's ability to create and manage new judicial entities as required. This change may help streamline legal processes and adapt to growing case loads or specializations within the judicial system, thus promoting efficiency. Additionally, the proposal includes a stipulation for voter approval during a statewide election scheduled for November 5, 2024, thereby ensuring public involvement in the constitutional alteration process.

Summary

Senate Bill 78 proposes a constitutional amendment designed to grant the Louisiana legislature the authority to establish additional courts by a two-thirds vote from both houses. Currently, the judicial powers in Louisiana are specified within the constitution, which only recognizes the supreme court, courts of appeal, and district courts. This bill seeks to amend Article V, Section 1 of the Louisiana Constitution to allow for a more flexible judiciary by enabling the creation of new courts, thereby responding to evolving needs within the state judicial system.

Sentiment

The sentiment surrounding SB 78 is primarily supportive among legislators who see this as a necessary adaptation for the state's evolving judicial requirements. Proponents argue that increasing legislative authority to create courts can lead to better administration of justice, while also addressing potential imbalances caused by an overburdened court system. However, there remains a caveat of caution from some opposition who may voice concerns about potential overreach or the implications of legislative control over judicial matters.

Contention

While SB 78 is framed as a legislative enhancement to the judicial system, some contention might arise regarding the balance of power between the legislative and judicial branches. Critics may argue that empowering the legislature to create additional courts could compromise judicial independence or result in politicization of the judicial landscape. This tension between legislative oversight and judicial authority can lead to debates about the foundational principles of separation of powers, which are integral to the state constitution.