Reduces number of judges on the Fourth Circuit Court of Appeal. (2/3-CA5s9) (gov sig) (EG SEE FISC NOTE GF EX)
Reduces number of judges on the Fourth Circuit Court of Appeal. (2/3-CA5s9) (gov sig) (EG SEE FISC NOTE GF EX)
Senate Bill 197 amends Louisiana Revised Statutes Section 13:312.1(D) to reduce the total authorized number of judges on the Fourth Circuit Court of Appeal from twelve to eight positions. The bill specifically decreases the number of judges elected from the first district from eight to five judges and reduces the number of judges elected from the circuit at large from two to one judge, while maintaining one judge elected from the second district and one judge elected from the third district. The effective date of the reduction is August 1, 2026.
The practical effect of this legislation is to reduce the judicial capacity of the Fourth Circuit Court of Appeal, which serves the New Orleans area and surrounding regions in Louisiana. Sitting judges are protected under the bill's grandfather clause, which permits any judge currently holding office to complete their full term regardless of the new reduced number of authorized positions. However, no new elections will be held to fill Divisions F, G, or H of the first district or the at-large seat currently held by Chief Judge Roland Belsome when those positions become vacant through expiration of term or vacancy caused by death, resignation, retirement, or incapacity, meaning those three seats will effectively disappear from the bench as current occupants leave office.
This amendment operates within the constitutional framework of Louisiana's judicial selection process and the statutory scheme governing appellate court organization established in Louisiana Revised Statutes Title 13. The Fourth Circuit Court of Appeal is a state appellate court subject to legislative authorization regarding the number and election of judges. The bill interacts with existing election laws and judicial tenure provisions, as the reduction takes effect prospectively while protecting vested rights of sitting judges under constitutional principles preventing diminishment of judicial compensation and tenure. The mechanism of allowing current judges to complete their terms while blocking replacement elections ensures a gradual reduction in authorized positions without forcing incumbent judges from office.
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