Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Judiciary Certified Question topic
No spam. Unsubscribe anytime.
Senate committee reports bill to align certified-question statute with Supreme Court practice
Summary
The Senate Judiciary B Committee adopted a technical amendment and voted to report Senate Bill 357, which updates the certified-question statute to reflect the Louisiana Supreme Court’s existing rules and removes an obsolete payment provision for the court crier, sponsors said.
The Senate Judiciary B Committee on the motion of Chairman Miller reported Senate Bill 357 with amendments after sponsors described the measure as a technical cleanup that brings the certified-question statute into line with the Louisiana Supreme Court’s current practice.
Senator Mike Reese, sponsor and chairman of the Judiciary B Committee, told members that "Senate Bill 357 is really just a cleanup bill in several areas of law for the Supreme Court," and that the changes harmonize statute with the court’s administrative rule, modeled on national uniform rules. He said the bill clarifies that judges in federal and other-state courts may certify questions of Louisiana law to the state Supreme Court, although the court would retain discretion to accept or decline such certified questions.
The committee adopted a technical amendment that deletes several lines from the committee print on page 2 (lines identified in committee discussion as lines 21–23). Miss DeJeanne explained the amendment removes archaic language, including a provision that "the court crier shall receive from the state treasurer ... $3,100 per annum payable, monthly," which committee members said is not current practice and is being removed from statute.
Senator DeLuno raised a separate concern about Section B, which grants the Supreme Court authority to adopt rules to administer the section. She told the committee that in past instances she had seen agency rules contradict statutes and asked for language ensuring court rules do not conflict with statutory text. Senator Reese said he was "certainly amenable" to tightening that language and agreed to work with Senator DeLuno to draft clarifying language.
With no objections, Chairman Miller moved the bill be reported with amendments. The committee adopted the amendment package and reported Senate Bill 357 to the next stage, with the sponsor and committee members indicating the changes are intended to be technical and conforming.
The committee adjourned with no further business recorded.
