Louisiana CONSTITUTION
ARTICLE V
JUDICIAL BRANCH
Art. V §1 | JUDICIAL POWER
Art. V §2 | HABEAS CORPUS, NEEDFUL WRITS, ORDERS AND PROCESS; CONTEMPT
Art. V §3 | SUPREME COURT; COMPOSITION; JUDGMENTS; TERMS
Art. V §4 | SUPREME COURT; DISTRICTS
Art. V §5 | SUPREME COURT; JURISDICTION; RULE-MAKING POWER; ASSIGNMENT OF JUDGES
(B) Original Jurisdiction. The supreme court has exclusive original jurisdiction of disciplinary proceedings against a member of the bar.
(C) Scope of Review. Except as otherwise provided by this constitution, the jurisdiction of the supreme court in civil cases extends to both law and facts. In criminal matters, its appellate jurisdiction extends only to questions of law.
(D) Appellate Jurisdiction. In addition to other appeals provided by this constitution, a case shall be appealable to the supreme court if (1) a law or ordinance has been declared unconstitutional or (2) the defendant has been convicted of a capital offense and a penalty of death actually has been imposed.
(E) Additional Jurisdiction until July 1, 1982. In addition to the provisions of Section 5(D) and notwithstanding the provisions of Section 5(D), or Sections 10(A)(3) and 10(C), the supreme court shall have exclusive appellate jurisdiction to decide criminal appeals where the defendant has been convicted of a felony or a fine exceeding five hundred dollars or imprisonment exceeding six months actually has been imposed, but only when an order of appeal has been entered prior to July 1, 1982 and shall have exclusive supervisory jurisdiction of all criminal writ applications filed prior to July 1, 1982 and of all criminal writ applications relating to convictions and sentences imposed prior to July 1, 1982.
(F) Appellate Jurisdiction; Civil Cases; Extent. Subject to the provisions in Paragraph (C), the supreme court has appellate jurisdiction over all issues involved in a civil action properly before it.
Art. V §6 | SUPREME COURT; CHIEF JUSTICE
Art. V §7 | SUPREME COURT; PERSONNEL
Art. V §8 | COURTS OF APPEAL; CIRCUITS; PANELS; JUDGMENTS; TERMS
(B) Judgments. A majority of the judges sitting in a case shall concur to render judgment. However, in civil matters only, when a judgment of a district court or an administrative agency determination in a workers' compensation claim is to be modified or reversed and one judge dissents, the case shall be reargued before a panel of at least five judges prior to rendition of judgment, and a majority shall concur to render judgment.
(C) Terms. The term of a court of appeal judge shall be ten years.
Art. V §9 | COURTS OF APPEAL; CIRCUITS AND DISTRICTS
Art. V §10 | COURTS OF APPEAL; JURISDICTION
(2) all matters appealed from family and juvenile courts, and
(3) all criminal cases triable by a jury, except as provided in Section 5, Paragraph (D)(2) of this Article.
(B) Scope of Review. Except as limited to questions of law by this constitution, or as provided by law in the review of administrative agency determinations, appellate jurisdiction of a court of appeal extends to law and facts. In the review of an administrative agency determination in a worker's compensation matter, a court of appeal may render judgment as provided by law, or, in the interest of justice, remand the matter to the administrative agency for further proceedings. In criminal cases its appellate jurisdiction extends only to questions of law.
(C) Other Criminal Matters. In all criminal cases not provided for in Paragraph (D)(2) or Paragraph (E) of Section 5 or Paragraph (A)(3) of this Section, a defendant has a right of appeal or review, as provided by law.
Art. V §11 | COURTS OF APPEAL; CERTIFICATION
Art. V §12 | COURTS OF APPEAL; CHIEF JUDGE
Art. V §13 | COURTS OF APPEAL; PERSONNEL
Art. V §14 | DISTRICT COURTS; JUDICIAL DISTRICTS
Art. V §15 | COURTS; RETENTION; JURISDICTION; JUDICIAL DISTRICT CHANGES; TERMS
(B) Judicial Districts. The judicial districts existing on the effective date of this constitution are retained. Subject to the limitations in Section 21 of this Article, the legislature by law may establish, divide, or merge judicial districts with approval in a referendum in each district and parish affected.
(C) Term. The term of a district, parish, or city court judge shall be six years.
(D) Number of Judges. The legislature may change the number of judges in any judicial district by law enacted by two-thirds of the elected members of each house.
Art. V §16 | DISTRICT COURTS; JURISDICTION
(2) It shall have exclusive original jurisdiction of felony cases and of cases involving title to immovable property, except as provided in (3) below; the right to office or other public position; civil or political right; probate and succession matters; except for administrative agency determination provided for in (1) above, the state, a political corporation, or political subdivisions, or a succession, as a defendant; and the appointment of receivers or liquidators for corporations or partnerships.
(3) The legislature may provide by law that a family court has jurisdiction of cases involving title to movable and immovable property when those cases relate to the partition of community property and the settlement of claims arising from matrimonial regimes when such action arises as a result of divorce or annulment of marriage.
Art. V §17 | DISTRICT COURTS; CHIEF JUDGE
Art. V §18 | JUVENILE AND FAMILY COURTS; JURISDICTION
Art. V §19 | SPECIAL JUVENILE PROCEDURES
(2) by two-thirds vote of the elected members of each house lower the maximum ages of persons to whom juvenile procedures shall apply, and (3) by two-thirds vote of the elected members of each house establish a procedure by which the court of original jurisdiction may waive special juvenile procedures in order that adult procedures shall apply in individual cases.
Art. V §20 | MAYORS' COURTS; JUSTICE OF THE PEACE COURTS
Art. V §21 | JUDGES; DECREASE IN TERMS AND COMPENSATION PROHIBITED
Art. V §22 | JUDGES; ELECTION; VACANCY
(B) Vacancy. A newly-created judgeship or a vacancy in the office of a judge shall be filled by special election called by the governor and held within twelve months after the day on which the vacancy occurs or the judgeship is established, except when the vacancy occurs in the last twelve months of an existing term. Until the vacancy is filled, the supreme court shall appoint a person meeting the qualifications for the office, other than domicile, to serve at its pleasure. The appointee shall be ineligible as a candidate at the election to fill the vacancy or the newly-created judicial office. No person serving as an appointed judge, other than a retired judge, shall be eligible for retirement benefits provided for the elected judiciary.
(C) End of Term. A judge serving on the effective date of this constitution shall serve through December thirty-first of the last year of his term or, if the last year of his term is not in the year of a regular congressional election, then through December thirty-first of the following year. The election for the next term shall be held in the year in which the term expires, as provided above.
Art. V §23 | JUDGES; RETIREMENT
(B) Mandatory Retirement. Except as otherwise provided in this Section, a judge shall not remain in office beyond his seventieth birthday. A judge who attains seventy years of age while serving a term of office shall be allowed to complete that term of office.
Art. V §24 | JUDGES; QUALIFICATIONS
(2) For a district court, family court, parish court, or court having solely juvenile jurisdiction - eight years.
Art. V §25 | JUDICIARY COMMISSION
(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.
(C) Powers. 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. 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. 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.
(D) Other Disciplinary Action. Action against a judge under this Section shall not preclude disciplinary action against him concerning his license to practice law.
Art. V §26 | DISTRICT ATTORNEYS
(B) Powers. Except as otherwise provided by this constitution, a district attorney, or his designated assistant, shall have charge of every criminal prosecution by the state in his district, be the representative of the state before the grand jury in his district, and be the legal advisor to the grand jury. He shall perform other duties provided by law.
(C) Prohibition. No district attorney or assistant district attorney shall appear, plead, or in any way defend or assist in defending any criminal prosecution or charge. A violation of this Paragraph shall be cause for removal.
Art. V §27 | SHERIFFS
Art. V §28 | CLERKS OF COURT
(B) Office Hours. The legislature shall establish uniform statewide office hours for clerks of the district courts.
Art. V §29 | CORONERS
Art. V §30 | VACANCIES
(2) district attorney, by the first assistant;
(3) clerk of a district court, by the chief deputy;
(4) coroner, by the chief deputy.
Art. V §31 | REDUCTION OF SALARIES AND BENEFITS PROHIBITED
Art. V §32 | ORLEANS PARISH COURTS, OFFICIALS
Art. V §33 | JURORS
(B) Exemptions. Persons who are seventy years of age or older shall be exempt from jury service and may decline to serve as jurors, but may elect to serve as jurors if they meet the other qualifications for service as jurors. The supreme court shall provide by rule for other grounds for the exemption of jurors.
Art. V §34 | GRAND JURY
(B) Right to Counsel. The legislature may establish by law terms and conditions under which a witness may have the right to the advice of counsel while testifying before the grand jury.
Art. V §35 | REMEDIES FOR TAXPAYERS
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Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
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