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Louisiana Amendment 1, Judiciary Commission Investigation of Sitting Judges Amendment (December 2024)

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Louisiana Amendment 1
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Election date
December 7, 2024
Topic
State judiciary
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

The Louisiana Amendment 1, the Judiciary Commission Investigation of Sitting Judges Amendment, was on the ballot in Louisiana as a legislatively referred constitutional amendment on December 7, 2024.[1] The ballot measure was approved.

A "yes" vote supported:

  • increasing the membership of the judiciary commission by five members; 
  • adding malfeasance while in office to the list of specific actions that the state supreme court can pursue disciplinary action against a judge; and
  • providing that the judiciary commission is responsible for investigating and recommending disciplinary actions.

A "no" vote opposed:

  • increasing the membership of the judiciary commission by five members, thereby retaining its current membership of nine members; 
  • adding malfeasance while in office to the list of specific actions that the state supreme court can pursue disciplinary action against a judge; and
  • providing that the judiciary commission is responsible for investigating and recommending disciplinary actions.


Election results

Louisiana Amendment 1

Result Votes Percentage

Approved Yes

176,864 53.25%
No 155,252 46.75%
Results are officially certified.
Source


Overview

What did the amendment do?

See also: Text of measure

The amendment increased the composition of the judiciary commission by five members to include two appointees by the speaker of the state House of Representatives, two appointees by the Senate president, and one appointee by the governor. Prior to the election, the judiciary commission consisted of nine members:

  • one court of appeal judge and two district court judges selected by the state supreme court;
  • two attorneys admitted to the practice of law for at least ten years and one attorney admitted to the practice of law for at least three years but not more than ten years, selected by the Conference of Court of Appeal Judges; and
  • three citizens selected by the Louisiana District Judges' Association who are not lawyers, active or retired judges, or public officials.

The amendment required the judiciary commission, by direction of the state supreme court or on recommendation by the commission, to investigate sitting judges before disciplinary action is enforced. The amendment added malfeasance while in office to the list of actions for which the supreme court can pursue disciplinary action against a sitting judge.[1]

The amendment removed language from the state constitution that requires the supreme court to implement rules providing for the confidentiality and privilege of commission proceedings.[1]

What is the Judiciary Commission?

See also: Louisiana Judiciary Commission

The Louisiana Judiciary Commission was created in 1968 through voter approval of Amendment 2 on the November 5, 1968, ballot. Voters approved the amendment with 54.62% of voters in favor and 45.38% opposed.

As of 2024, the judiciary commission consisted of nine members. The commission is responsible for investigating complaints against state judges and may recommend that the supreme court take action against a judge for any of the following:

  • willful misconduct relating to official duty;
  • willful and persistent failure to perform duty;
  • persistent and public conduct prejudicial to the administration of justice; or which brings the judicial office into disrepute; and
  • conduct while in office which would constitute a felony, or conviction of a felony.[2]

As of 2024, disciplinary recommendations made to the supreme court by the commission could includee censure, suspension with or without pay, removal from office, and involuntary retirement.[2]

Documents and evidence used by the commission, as well as any proceedings or hearings held by the commission during the investigation of a misconduct complaint, are kept confidential. If the commission recommends disciplinary action in a specific matter, the commission's recommendation to the supreme court becomes public once it is filed with the court. Records filed by the commission with the court and the proceedings before the court are not confidential.[3]

How did the amendment get on the ballot?

See also: Path to the ballot

In Louisiana, a two-thirds vote is needed in each chamber of the Louisiana State Legislature to refer a legislatively referred constitutional amendment to the ballot for voter consideration.

This amendment was introduced as Senate Bill 177 by Republican Sen. Jay Morris (R-35). The Senate approved the bill on April 8, 2024, in a vote of 38-0. The House passed the bill with amendments on May 28 in a vote of 94-3. The Senate concurred with the House's amendments on May 30, 2024, in a vote of 37-0.[1]

Text of measure

Ballot question

The ballot question for the amendment is as follows:[1]

Do you support an amendment to allow the supreme court to sanction a judge upon an investigation by the judiciary commission, and provide that the recommended sanction shall be instituted by the judiciary commission or by a majority of the supreme court, and to provide for the appointment of five members of the judiciary commission?

[4]

Constitutional changes

See also: Article V, Louisiana Constitution

The measure amended Section 25 of Article V of the Louisiana Constitution. The following underlined text was added and struck-through text was deleted:[1]

Note: Hover over the text and scroll to see the full text.

§25. Judiciary Commission.

(A) Composition. The judiciary commission shall consist of:

(1) one court of appeal judge and two district court judges selected by the supreme court;

(2) two attorneys admitted to the practice of law for at least ten years and one attorney admitted to the practice of law for at least three years but not more than ten years, selected by the Conference of Court of Appeal Judges or its successor. They shall not be judges, active or retired, or public officials, other than notaries public; and

(3) three citizens, not lawyers, judges active or retired, or public officials, selected by the Louisiana District Judges' Association or its successor.

(4) two appointees of the speaker of the Louisiana House of Representatives, two appointees of the president of the Louisiana Senate, and one appointee of the governor.

(B) Term; Vacancy. A member of the commission shall serve a four-year term and shall be ineligible to succeed himself. His term shall end upon the occurrence of any event which would have made him ineligible for appointment. When a vacancy occurs, a successor shall be appointed for a four-year term by the authority which appointed his predecessor.

(C) Powers. On recommendation of the judiciary commission, the The supreme court may, after an investigation by the judiciary commission, which shall be instituted on recommendation by the judiciary commission or by directive of a majority of the supreme court, 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, malfeasance while in office, conduct while in office which would constitute a felony, or conviction of a felony. On recommendation of the judiciary commission, the The supreme court may, on recommendation of the judiciary commission, or on its own motion, disqualify a judge from exercising any judicial function, without loss of salary, during pendency of proceedings in the supreme court. On recommendation of the judiciary commission, the The supreme court may, after an investigation by the judiciary commission, which shall be instituted on recommendation by the judiciary  commission or by directive of a majority of the supreme court, retire involuntarily a judge for disability that seriously interferes with the performance of his duties and that is or is likely to become permanent. The supreme court shall make rules implementing this Section and providing for confidentiality and privilege of commission proceedings.

(D) Other Disciplinary Action. Action against a judge under this Section shall not preclude disciplinary action against him concerning his license to practice law.[4]

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 28, and the FRE is -3. The word count for the ballot title is 55.


Support

Supporters

Officials


Arguments

  • Public Affairs Research Council of Louisiana Voter Guide: "The Judiciary Commission moves too slowly to consider allegations of judicial misconduct, taking years in some instances to review complaints. The commission is too protective of judges because it is packed with their own colleagues and the lawyers who appear before judges in court. The potential to add more non-lawyers to the commission could bring a fresh perspective and make the panel more aggressive in holding judges accountable. The Louisiana Supreme Court should have more authority over judicial ethics and discipline because the court’s justices oversee the judicial system."


Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Arguments

  • Public Affairs Research Council of Louisiana Voter Guide: "Increasing the commission size doesn’t make anything more transparent or efficient and could slow the overall process. Complaints take a long time to investigate properly, so providing the commission with more staff and resources to do the work is the way to speed up disciplinary action. Adding appointees of legislative leaders and the governor to the commission could insert improper political influence into the judicial ethics and discipline process. Giving the Louisiana Supreme Court more authority to initiate investigations raises due process concerns since the court could decide discipline after an investigation."


Campaign finance

See also: Campaign finance requirements for Louisiana ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $0.00 $0.00 $0.00 $0.00 $0.00

Background

Louisiana Judiciary Commission

See also: Judiciary Commission of Louisiana

The Louisiana Judiciary Commission was created in 1968 through voter approval of Amendment 2 on the November 5, 1968, ballot. Voters approved the amendment with 54.62% of voters in favor and 45.38% opposed.

As of 2024, the judiciary commission consisted of nine members:

  • one court of appeal judge and two district court judges selected by the state supreme court;
  • two attorneys admitted to the practice of law for at least ten years and one attorney admitted to the practice of law for at least three years but not more than ten years, selected by the Conference of Court of Appeal Judges; and
  • three citizens selected by the Louisiana District Judges' Association who are not lawyers, active or retired judges, or public officials.

The commission is responsible for investigating complaints against state judges and may recommend that the supreme court take action against a judge for any of the following:

  • willful misconduct relating to official duty;
  • willful and persistent failure to perform duty;
  • persistent and public conduct prejudicial to the administration of justice; or which brings the judicial office into disrepute; and
  • conduct while in office which would constitute a felony, or conviction of a felony.[2]

As of 2024, disciplinary recommendations made to the supreme court by the commission could include:

  • censure;
  • suspension with pay;
  • suspension without pay;
  • removal from office; and
  • involuntary retirement.[2]

Documents and evidence used by the commission, as well as any proceedings or hearings held by the commission during the investigation of a misconduct complaint, are kept confidential. If the commission recommends disciplinary action in a specific matter, the commission's recommendation to the supreme court becomes public once it is filed with the court. Records filed by the commission with the court and the proceedings before the court are not confidential.[5]

Constitutional amendments in Louisiana

A total of 112 constitutional amendments appeared on the statewide ballot in Louisiana during even-numbered years from 2000 through 2022. Of the 112 amendments, 77 (68.75%) were approved and 35 (31.25%) were defeated.

Legislatively-referred constitutional amendments, 2000-2022
Total number Approved Percent approved Defeated Percent defeated Even-year average Even-year median Even-year minimum Even-year maximum
112 77 68.75% 35 31.25% 9 8 4 21


Path to the ballot

See also: Amending the Louisiana Constitution

In Louisiana, a two-thirds vote is needed in each chamber of the Louisiana State Legislature to refer a legislatively referred constitutional amendment to the ballot for voter consideration.

This amendment was introduced as Senate Bill 177. The Senate approved the bill on April 8, 2024, in a vote of 38-0. The House passed the bill with amendments on May 28 in a vote of 94-3. The Senate concurred with the House's amendments on May 30, 2024, in a vote of 37-0.[1]

Vote in the Louisiana House of Representatives
May 28, 2024
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 70  Approveda
YesNoNot voting
Total9438
Total percent89.5%2.9%7.6%
Democrat2237
Republican7101
Independent100

Vote in the Louisiana State Senate
May 30, 2024
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 26  Approveda
YesNoNot voting
Total3702
Total percent94.9%%0%%5.1%%
Democrat902
Republican2800

How to cast a vote

See also: Voting in Louisiana

See below to learn more about current voter registration rules, identification requirements, and poll times in Louisiana.

How to vote in Louisiana


See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Louisiana State Legislature, "Senate Bill 177," accessed April 8, 2024
  2. 2.0 2.1 2.2 2.3 Louisiana Supreme Court, "The Judiciary Commission of Louisiana," accessed May 27, 2014
  3. Louisiana Supreme Court, "Rules of the Court, Rule XXIII, section 23," accessed May 27, 2014
  4. 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  5. Louisiana Supreme Court, "Rules of the Court, Rule XXIII, section 23," accessed May 27, 2014
  6. Louisiana Secretary of State, "FAQ: Voting on Election Day," accessed August 15, 2024
  7. Louisiana Secretary of State, "Vote on Election Day," accessed August 15, 2024
  8. 8.0 8.1 8.2 Louisiana Secretary of State, "Register to Vote," accessed August 15, 2024
  9. WWNO, "Louisiana now requires proof of citizenship to vote, but hasn’t issued any guidance," January 15, 2025
  10. Louisiana Secretary of State, "Louisiana Voter Registration Application," accessed June 30, 2025
  11. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  12. 12.0 12.1 Louisiana Secretary of State, "Vote on Election Day," accessed August 15, 2024
  13. Louisiana Secretary of State, "Louisiana voters' bill of rights and voting information," accessed August 15, 2024