Constitutional amendment to require the governor to certify a legislative address removing certain judges for cause. (2/3 - CA13s1(A)) (EG INCREASE GF EX See Note)

SB 123 proposes a constitutional amendment that would expand gubernatorial removal authority by modifying Article IV, Section 5(I) of the Louisiana Constitution. The amendment preserves the governor's existing power to remove appointees without fixed terms but adds a new mechanism allowing the governor to issue an executive orders recommending either the suspension alone or both the suspension and removal of district attorneys and district, juvenile, family, or municipal court judges for malfeasance, gross misconduct, or incompetence. Any suspension imposed under this mechanism must be with pay and cannot exceed six months. If the governor recommends suspension, the Senate may affirm it by a two-thirds majority vote, which may be conducted by written ballot. If the governor recommends both suspension and removal and the Senate affirms the suspension, any Senate member may move for removal, requiring a simple majority vote to proceed to trial. Following a Senate trial conducted under Senate rules, removal of the suspended official requires a two-thirds majority vote. An official removed under this process is permanently barred from seeking any judicial office in Louisiana.

District attorneys and district, juvenile, family, and municipal court judges would face new accountability mechanisms under this amendment. These officials would become subject to gubernatorial recommendations for suspension or removal during their terms of office, adding a check on their conduct that does not currently exist in the constitutional framework. The suspension-with-pay requirement protects the financial interests of suspended officials during the review process, while the six-month cap limits the duration of such suspensions. The Senate gains significant power through this amendment, controlling whether suspensions are affirmed and, in removal cases, conducting trials and determining whether removal is warranted. Prosecutors, judicial officers, and the executive branch would all operate under new accountability relationships and procedural requirements if voters approve the amendment.

This amendment operates within the existing constitutional removal provisions for state officers and intersects with the broader framework governing judicial and prosecutorial discipline in Louisiana. Currently, the Constitution grants the governor limited removal power, generally restricted to persons the governor appoints for terms not fixed by constitution or law, leaving district attorneys and judges largely insulated from gubernatorial action. The proposed amendment creates a parallel removal process outside the traditional constitutional structures, functioning alongside existing discipline mechanisms such as those administered by the Judiciary Commission for judges. The amendment would require voter approval at the April 17, 2027 statewide election and necessitates passage by two-thirds of each legislative house, reflecting the stringent requirements for constitutional amendments in Louisiana. The permanent bar on judicial office for removed officials represents a significant permanent consequence that extends beyond the removal itself and affects future political and professional eligibility.