SB 123 — GOVERNOR: Constitutional amendment to require the governor to certify a legislative address removing certain judges for cause. (2/3 - CA13s1(A)) (EG2 INCREASE GF EX See Note)

SLS 26RS-333 ORIGINALENGROSSED Regular Session SENATE BILL NO.

Constitutional amendment to allowrequire the governor to recommendcertify the suspension or removal of a districtlegislative attorneyandaddress certainjudgesremoving under certain circumstances.judges for cause.

(2/3 - CA13s1(A)) A JOINT RESOLUTION Proposing to amend Article IV, Section 5(I) of the Constitution of Louisiana, relative to gubernatorialgubernatorialpowersandduties;torequiregubernatorialcertificationoftheremoval removalbylegislative authority;addressof certainjudges or a Louisiana Supreme Court justice;

toandto providespecifyan forelection the issuance of an executive order suspendingadistrict attorneyoradistrict,juvenile,family,ormunicipalcourtjudge under certaincircumstances;to provide for removalsubmission of thetheproposition suspendedto officialelectorsandprovide bythea Senate;ballot proposition.

and to specify an election for submission of the proposition to electors and provide a ballot proposition.

Powers and Duties Section 5.(A) * * * (I) Removal Power.Power and Duties.

The governor may remove from office aa: by executive order:

(1)Remove(1)Mayremovefromofficeapersonheappoints,exceptapersonappointed fromofficefor apersonheappoints, exceptapersonappointedfor a term fixed by this constitution or by law.

(2) Upon receipt of a joint legislative address, shall certify the removal of an elected or temporarily appointed district, juvenile, family, parish, Page 1 of 34 Coding:

SLS 26RS-333 ORIGINALENGROSSED SB NO.

123 (2)municipal, Recommend either the suspension or bothcourt the suspension and removal of aappeal districtjudge, attorney or a district,Louisiana juvenile,Supreme family,Court orjustice municipal court judge for malfeasance, gross misconduct, or incompetence,incompetence ascommitted defined by law, while in office.office if:

A(a) suspensionThe shallcause befor withremoval paywas stated and shallentered notin exceedthe sixjournal months.of the house of the legislature in which the address originated and a copy thereof was served on the judge prior to removal.

(a)(b)AtrialbytheSenate,withsenatorsunderoathoraffirmationforthe Iftrial, theis executiveconducted, orderat recommendswhich suspension, the Senatejudge may votepresent tohis affirmdefense to the suspension.stated cause for removal.

(c) The legislative address received a favorable vote of two-thirdsa majority of the elected members of the SenateHouse shallof beRepresentatives requiredand toa affirmtwo-thirds themajority suspension,of andthe mayelected bemembers byof writtenthe ballot.Senate.

(b)(3)The Ifremoved thejudgeispermanently executiveorderrecommendsbarredfromseeking suspensionany andjudicial removal,office and the suspension is affirmed in accordance with the provisionsstate of SubsubparagraphLouisiana. (a) of this Subparagraph, any member of the Senate may make a motion to remove the official.

If(4) theNothing motionin passesSubparagraph by(2) aof majoritythis voteParagraph shall be construed as precluding removal of thea electedjudge membersby impeachment pursuant to Article X, Section 24 of thethis Senate,constitution or by the Senatesupreme shallcourt conductpursuant ato trialArticle accordingV, toSection its25 rules.of this constitution.

(i)Followingtrial,theSenateshallvotewhethertoremovethesuspended* official.* * Section2.

UponBeit thefurtherresolved favorablethat votethis ofproposed two-thirdsamendment ofshall thebesubmitted electedto membersthe electors of the Senate,state of Louisiana at the officialstatewide iselection removedto frombe office.held on April 17, 2027, as authorized by law.

(ii)An official who is removedaccordingtothis Subsubparagraph shall be permanently barred from seeking any judicial office in the state of Louisiana.

* * * Section 2.

Be it furtherresolvedthatthis proposedamendment shall be submitted to the electors of the state of Louisiana at the statewide election to be held on April 17, 2027, as authorized by law.

Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to voteYES orNO,orNO,to toamendtheConstitution amendof theLouisiana, Constitutionwhich ofLouisiana,whichpropositionproposition shall readas follows:

Do you support an amendment torequiring allow the governor to recommendcertifythe eitherremoval theof suspensionan elected or bothtemporarily theappointed suspensiondistrict, andjuvenile, removalfamily, parish, municipal, or court of appeal judge, or a districtLouisiana attorneySupreme Court justice for malfeasance, gross misconduct, or incompetence while in office, after a Page 2 of 34 Coding:

SLS 26RS-333 ORIGINALENGROSSED SB NO.

123 atrial district,in juvenile,the family,Senate orand municipalafter courta judgevote forto malfeasance,remove grossby misconduct,a ormajority incompetenceof whilethe inelected office?members (Amendsof Articlethe IV,House Sectionof 5(I))Representatives The original instrument and thea followingtwo-thirds digest,majority whichof constitutesthe noelected partmembers of the legislativeSenate? instrument,(Amends wereArticle preparedIV, bySection Senate5(I)) LegislativeSection Services.4.

This Act shall be known and may be cited as the "Jacob Carter Act." The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services.

1:13(B) and 24:177(E)] DIGEST SB 123 OriginalEngrossed 2026 Regular Session Morris Presentconstitutionallowsthegovernortoremovefromofficeapersonheappointedunless that person is appointed for a term fixed by either present constitution or present law.

Proposed constitutional amendment allowsrequires the governorgovernor, toon issuereceiving ana executivejoint orderlegislative recommendingaddress, eitherto thecertify suspension or both the suspension and removal of aan districtelected attorney or atemporarily appointed district, juvenile, family, orparish, municipalmunicipal, or court judgeof forappeal malfeasance,judge, gross misconduct, or incompetenceLa. while in office.

ProposedSupreme constitutionalCourt amendmentjustice alsofor providesmalfeasance, thatgross amisconduct, suspensionor mustincompetence becommitted withwhile payin andoffice forif: no longer than six months.

Proposed(1) constitutionalThe amendmentcause providesfor thatremoval was stated and entered in the Senatejournal may,of byathe two-thirdshouse majorityof vote,affirmtherecommendedsuspension.Proposedconstitutionalamendmentalsoprovidesthe thatlegislature in which the voteaddress mayoriginated beand takena bycopy writtenthereof ballot.was served on the judge.

Proposed(2) constitutionalA amendmenttrial providesby that if the executiveSenate, orderwith recommendssenators suspensionunder andoath removal,or andaffirmation for the suspensiontrial, is affirmed,conducted anyat memberwhich of the Senatejudge maymaypresent makeamotiontoremovethesuspendedofficial.IfthemotionpassestheSenatebyasimple majority vote, the Senate must conduct a trialdefenseto according to the rulesstated ofcause thefor Senate.removal.

Proposed(3) constitutionalThe amendmentaddress providesreceived that,a followingfavorable vote of a trial,majority of the Senateelected mayvotemembers toof removethe House of Representatives and a 2/3 majority of the suspendedelected official.members of the Senate.

UponProposed constitutional amendment prohibits a two-thirdsjudge majorityremoved voteby oflegislative theaddress Senate,from theseeking officialany isjudicial removedoffice fromin office.La.

Proposed constitutional amendment providesdoes thatnot apreclude districteither attorneyimpeachment or adisciplinary district,action juvenile,against family,a orjudge. municipal court judge who is removed is permanently barred from seeking any judicial office in the state of Louisiana.

5(I)) PageSummary 3 of 3Amendments Coding:Adopted by Senate Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill 1.

Provide for legislative address to remove certain judges.

Page 3 of 4 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-333 ENGROSSED SB NO.