Struck = removed from the bill ·
added = the amendment's new text.
SLSSCASB123 26RS-3334769 ENGROSSED1214 SENATE COMMITTEE AMENDMENTS Regular Session SENATEAmendmentsproposedbySenateCommitteeonJudiciaryCtoOriginalSenateBillNo.123 BILLby Senator Morris AMENDMENT NO.
1231 BYOn SENATORpage MORRIS1, GOVERNOR.line 3, after "gubernatorial" delete the remainder of the line and insert "powers and duties;
Constitutional amendment to require thegubernatorial governorcertification toof certifythe aremoval by legislative address removingof certain judges foror cause.a Louisiana Supreme Court justice" AMENDMENT NO.
(2/32 -On CA13s1(A))page A1, JOINTdelete RESOLUTIONlines Proposing4 toand amend5 ArticleAMENDMENT IV,NO. Section 5(I) of the Constitution of Louisiana, relative to gubernatorialpowersandduties;torequiregubernatorialcertificationoftheremoval bylegislative addressof certainjudges or a Louisiana Supreme Court justice;
andto3 specifyanOn electionpage for1, submissionline of6, thepropositiondelete to"Senate" electorsandprovideAMENDMENT aNO. ballot proposition.
Section4 1.On page 1, delete lines 14 and 15 and insert:
Be"(I) itRemoval resolvedPower bytheand LegislatureDuties. of Louisiana, two-thirds of the members electedtoeachhouseconcurring,thatthereshallbesubmittedtotheelectorsofthestate,for their approval or rejection in the manner provided bylaw, a proposal to amend Article IV, Section 5(I) of the Constitution of Louisiana, to read as follows:
§5.The governor mayremove from office a:" AMENDMENT NO.
Governor;5 On page 1, line 16, delete "Remove" and insert "May remove" AMENDMENT NO.
Powers6 andOn Dutiespage Section2, 5.(A)delete *lines *1 *through (I)19 Removal Power and Duties.insert:
The"(2) governorUpon mayreceipt removeof froma joint legislative address, shall certify the removal of an elected or temporarily appointed district, juvenile, family, parish, municipal, or court of appeal judge, or a Louisiana Supreme Court justice for malfeasance, gross misconduct, or incompetence committed while in office a:if:
(1)Mayremovefromofficeapersonheappoints,exceptapersonappointed for 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 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.
123 municipal, or court of appeal judge, or a Louisiana Supreme Court justice for malfeasance, gross misconduct, or incompetence committed while in office if:
(b)AtrialbytheSenate,withsenatorsunderoathoraffirmationforthe(b) AtrialbytheSenate,withsenatorsunderoathoraffirmationforthe trial, is conducted, at which the judge may present his defense to the stated cause for removal.
(c) The legislativelegislativeaddress addressreceivedafavorablevoteof receivedamajority a favorable vote of a majority of the elected members of the House of Representatives and a two-thirds majority of the elected members of the Senate.
(4) Nothing in Subparagraph (2) of this Paragraph shall be construed as precluding removal of a judge by impeachment pursuant to Article X, Section 24 of this constitution or by the supreme court pursuant to Article V, Section 25 of this constitution.constitution." AMENDMENT NO.
*7 *On *page Section2.2, delete lines 28 and 29 and insert:
Beit"Do furtherresolvedyou thatsupport thisan proposed amendment shallrequiring besubmittedthe governor to certify the electorsremoval of thean stateelectedortemporarilyappointeddistrict,juvenile,family,parish,municipal,orcourt of appeal judge, or a Louisiana atSupreme Court justice for malfeasance, gross Page 1 of 2 SCASB123 4769 1214 misconduct, or incompetence while in office, after a trial in the statewideSenate electionand toafter bea heldvotetoremovebyamajorityoftheelectedmembersoftheHouseofRepresentatives onand Aprila 17,two-thirds 2027,majority asof authorizedthe byelected law.members of the Senate?" AMENDMENT NO.
Section8 3.On page 3, delete lines 1 and 2 AMENDMENT NO.
Be9 itOn furtherpage resolved3, thatafter online the3, officialinsert: 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,to amendtheConstitution of Louisiana, which proposition shall readas follows:
Do"Section you4. support an amendment requiring the governor to certifythe removal of an elected or temporarily appointed district, juvenile, family, parish, municipal, or court of appeal judge, or a Louisiana Supreme Court justice for malfeasance, gross misconduct, or incompetence while in office, after a Page 2 of 4 Coding:
WordsThis whichAct areshall struckbe throughknown areand deletionsmaybe fromcited existingas law;the "Jacob Carter Act."" Page 2 of 2
words in boldface type and underscored are additions.
SLS 26RS-333 ENGROSSED SB NO.
123 trial in the Senate and after a vote to remove by a majority of the elected members of the House of Representatives and a two-thirds majority of the elected members of the Senate? (Amends Article IV, Section 5(I)) Section 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.
The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.
[R.S.
1:13(B) and 24:177(E)] DIGEST SB 123 Engrossed 2026 Regular Session Morris Presentconstitutionallowsthegovernortoremovefromofficeapersonheappointedunless that person is appointed for a term fixed by either present constitution or present law.
Proposed constitutional amendment retains present constitution.
Proposed constitutional amendment requires the governor, on receiving a joint legislative address, to certify the removal of an elected or temporarily appointed district, juvenile, family, parish, municipal, or court of appeal judge, or La.
Supreme Court justice for malfeasance, gross misconduct, or incompetence committed while in office if:
(1) The cause for removal was stated and entered in the journal of the house of the legislature in which the address originated and a copy thereof was served on the judge.
(2) A trial by the Senate, with senators under oath or affirmation for the trial, is conducted at which the judge maypresent a defenseto the stated cause for removal.
(3) The address received a favorable vote of a majority of the elected members of the House of Representatives and a 2/3 majority of the elected members of the Senate.
Proposed constitutional amendment prohibits a judge removed by legislative address from seeking any judicial office in La.
Proposed constitutional amendment does not preclude either impeachment or disciplinary action against a judge.
Specifies submission of the amendment to the voters at the statewide election to be held on April 17, 2027, as authorized by law.
(Amends Const.
Art.
IV, Sec.
5(I)) Summary of Amendments 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.
123 2.
Requirethegovernortocertifyalegislativeaddressincertaincircumstances.
3.
Limit removal by legislative address to certain judges and to supreme court justices.
Page 4 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.