Judicial selection in Louisiana
| Judicial selection in Louisiana | |
 | |
| Louisiana Supreme Court | |
| Method: | Partisan election |
| Term: | 10 years |
| Louisiana Circuit Courts of Appeal | |
| Method: | Partisan election |
| Term: | 10 years |
| Louisiana District Courts | |
| Method: | Partisan election |
| Term: | 6 years |
| Louisiana Family Courts | |
| Method: | Partisan election |
| Term: | 6 years |
| Louisiana Juvenile Courts | |
| Method: | Partisan election |
| Term: | 6 years |
| Louisiana Justice of the Peace Courts | |
| Method: | Partisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Louisiana, including:
As of March 2023, judges for all courts in the state were selected through partisan elections. Under the Louisiana majority-vote system, all candidates running for state office appear on the same ballot in either October (in odd-numbered years) or November (in even-numbered years), regardless of their partisan affiliations. If a candidate wins a simple majority of all votes cast, they win the election outright. If no candidate wins a majority, the top two finishers, regardless of their partisan affiliations, advance to a second election in December.
Click here to notify us of changes to judicial selection methods in this state.
Louisiana Supreme Court
- See also: Louisiana Supreme Court
The seven justices on the Louisiana Supreme Court are selected through partisan elections. Justices are elected to 10-year terms, and must face re-election if they wish to serve again.[1]
Unlike most states, supreme court justices in Louisiana are elected to represent specific districts. The seven justices are divided evenly among seven supreme court districts (not to be confused with the 42 divisions of the district courts) and are voted into office by the residents of their respective regions.[2] Only the states of Illinois, Kentucky, and Mississippi use a similar system.
Qualifications
To serve on this court, a judge must be:
- licensed to practice law in the state for at least ten years;
- a resident of the district representing for at least one year;
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their term expires)[1][3]
Chief justice
The chief justice is the justice on the court with the most seniority. When he or she retires, the justice with the next most seniority becomes chief justice.[1]
Vacancies
Per Article V of the Louisiana Constitution, midterm vacancies are to be temporarily filled by the remaining members of the supreme court. Within one year of the opening, a special election (called by the governor, preferably on the date of a preexisting gubernatorial or congressional election) is to be held. If the supreme court has appointed a successor, that appointee may not run for the seat in the special election.[1][4] The justice elected at the special election will serve the remainder of the unexpired term.[5][6]
The map below highlights how vacancies are filled in state supreme courts across the country.
Louisiana Circuit Courts of Appeal
- See also: Louisiana Circuit Courts of Appeal
The 53 justices on the Louisiana Circuit Courts of Appeal are elected in partisan elections. Justices serve 10-year terms and must run for re-election if they wish to continue serving on the court.[1]
Qualifications
To serve on this court, a judge must be:
- licensed to practice law in the state for at least ten years;
- a resident of the district representing for at least one year;
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their term expires)[1][3]
Chief justice
The chief justice is the justice on the court with the most seniority. When he or she retires, the justice with the next most seniority becomes chief justice.[1]
Vacancies
Per Article V of the Louisiana Constitution, midterm vacancies are to be temporarily filled by the supreme court. Within one year of the opening, a special election (called by the governor, preferably on the date of a preexisting gubernatorial or congressional election) is to be held. If the supreme court has appointed a successor, that appointee may not run for the seat in the special election. The justice elected at the special election will serve the remainder of the unexpired term.[1][4][5][6]
Louisiana District Courts
- See also: Louisiana District Courts
The judges on the Louisiana District Courts are elected in partisan elections. Judges serve six-year terms and must run for re-election if they wish to continue serving.[1]
Qualifications
To serve on this court, a judge must be:
- licensed to practice law in the state for at least eight years;
- a resident of the district represented for at least one year; and
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their term expires)[1][3]
Chief judge
The chief justice is selected by peer vote for terms that vary by individual court.[1]
Vacancies
Per Article V of the Louisiana Constitution, midterm vacancies are to be temporarily filled by the supreme court. Within one year of the opening, a special election (called by the governor, preferably on the date of a preexisting gubernatorial or congressional election) is to be held. If the supreme court has appointed a successor, that appointee may not run for the seat in the special election.[1][4] The judge elected at the special election will serve the remainder of the unexpired term.[5][6]
Limited jurisdiction courts
Louisiana has six types of limited jurisdiction courts: family courts, juvenile courts, parish courts, city courts, mayor's courts, and justice of the peace courts.[7][8][9]
Family Courts
Judges of the Louisiana Family Courts are each elected to six-year terms. The elections for this court are partisan contested elections. To serve on this court, a judge must be a parish resident for one year, younger than 70 years old, and have eight years experience of practicing law in the state.[7]
Juvenile Courts
Judges of the Louisiana Juvenile Courts are each elected to six-year terms, except in Orleans Parish. In Orleans Parish, they are elected to eight-year terms. The elections for this court are partisan contested elections. To serve on this court, a judge must be a parish resident for one year, younger than 70 years old, and have eight years experience of practicing law in the state.[7]
Justice of the Peace Courts
Judges of the Louisiana Justice of the Peace Courts are each elected to six-year terms. The elections for this court are partisan contested elections. To serve on this court, a judge must be younger than 70 years old, of good moral character, a qualified elector, a resident of the ward and district from which elected, able to read and write English, and has a high school diploma or an equivalent.[7][10]
Parish Courts
Judges of the Louisiana Parish Courts are each elected to six-year terms. The elections for this court are partisan contested elections. To serve on this court, a judge must be a local parish resident for one year, younger than 70 years old, and have eight years experience of practicing law in the state.[7]
City Courts
Judges of the Louisiana City Courts are each elected to six-year terms, except in Baton Rouge. In Baton Rouge, they are elected to four-year terms.[11] The elections for this court are partisan contested elections. To serve on this court, a judge must be a local resident for two years, younger than 70 years old, and have five years experience of practicing law in the state.[7]
Mayor's Courts
Judges of the Louisiana Mayor's Courts are selected in varying manners depending on the municipality. Term lengths also vary by municipality. To serve on this court, a judge must be a local resident for two years and younger than 70 years old.[7]
History
Below is a timeline noting changes to judicial selection methods in Louisiana, from the most recent to the earliest.
- 2006 (effective January 2008): The Constitution was amended to increase the minimum legal experience required of judicial candidates. The requirements were raised from five years for all judges to eight years for district, family, parish, and juvenile court judges and 10 years for appellate court judges. It also reduced the residency qualifications, requiring that candidates live in their respective regions for only one year before the election.
- 2000: The supreme court districts were redrawn, allowing for seven districts with one justice elected from each.
- 1974: Terms of supreme court justices and court of appeals judges were reduced to 10 years.
- 1921: Terms of supreme court justices were increased to 14 years, court of appeals judges to 12 years, and district court judges to six years.
- 1906: Established that court of appeals judges would be elected by popular vote to eight-year terms.
- 1904: Established that supreme court justices would be elected by popular vote to twelve-year terms.
- 1879: Established that terms of supreme court justices would be increased to 12 years. The court of appeals was created, with judges to be elected to eight-year terms by joint ballot of the legislature.
- 1986: Established that terms of district court judges would be reduced to four years.
- 1864: Established that all judges would be appointed to eight-year terms by the governor (with Senate consent).
- 1852: Established that supreme court justices would be elected by popular vote to 10-year terms. District court judges would be elected by popular vote to eight-year terms.
- 1845: Established that terms of all judges would be reduced from life to eight years.
- 1812: Established that all judges would be appointed for life by the governor (with Senate consent).[12]
Courts in Louisiana
In Louisiana, there are 3 federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Louisiana's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[13]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[14] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 American Judicature Society, "Methods of Judicial Selection: Louisiana; Selection of Judges," archived October 2, 2014
- ↑ Louisiana Supreme Court, "Maps of Judicial Districts," accessed May 6, 2014
- ↑ 3.0 3.1 3.2 NOLA.com, "Lawmakers fail to pass amendment eliminating mandatory retirement age of judges," archived March 9, 2016
- ↑ 4.0 4.1 4.2 Louisiana Supreme Court, "Henry Julien v. The Honorable W. Fox McKeithan," accessed May 6, 2014
- ↑ 5.0 5.1 5.2 Louisiana Revised Statutes "RS 13:101.1," accessed July 13, 2016
- ↑ 6.0 6.1 6.2 Leagle, "Marcelle v. DeCuir," September 21, 1995
- ↑ 7.0 7.1 7.2 7.3 7.4 7.5 7.6 American Judicature Society, "Methods of Judicial Selection: Louisiana; Limited Jurisdiction Courts," archived October 2, 2014
- ↑ Louisiana.gov, "Judicial Branch," accessed September 17, 2021
- ↑ Louisiana State Bar Association, "Court Structure," accessed July 22, 2015
- ↑ Louisiana Secretary of State, "Qualifications of Candidates," accessed March 31, 2023
- ↑ Louisiana State Legislature, "RS 13:1872," accessed March 31, 2023
- ↑ American Judicature Society, "History of Reform Efforts: Louisiana; Formal Changes Since Inception," archived October 2, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Fifth Circuit Court of Appeals • U.S. District Court: Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana • U.S. Bankruptcy Court: Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana
State courts:
Louisiana Supreme Court • Louisiana Courts of Appeal • Louisiana District Courts • Louisiana Family Courts • Louisiana Juvenile Courts • Louisiana Parish Courts • Louisiana City Courts • Louisiana Municipal Courts • Louisiana Traffic Courts • Louisiana Justice of the Peace Courts • Louisiana Mayor’s Courts
State resources:
Courts in Louisiana • Louisiana judicial elections • Judicial selection in Louisiana
