Senate approves joint resolution to let Legislature remove judges after heated debate
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Summary
The Senate passed a joint resolution (Senate Bill 123) proposing a constitutional amendment to let the Legislature remove judges for malfeasance, gross misconduct or incompetence; the measure passed the Senate 27–11 after extended debate over oversight, vagueness and separation of powers.
The Louisiana Senate on April 7 approved a joint resolution that would allow the Legislature to remove judges from office by a two‑thirds vote of the Senate and a majority vote of the House for malfeasance, gross misconduct or incompetence.
Senator Jay Morris, who introduced the measure, said the change is narrowly intended to be an additional oversight tool after what he described as repeated failures by the state’s judicial oversight system. “All the bill does is allow the legislature by two‑thirds vote of the Senate and a majority of the House to remove a judge from office for malfeasance, gross misconduct, or incompetence,” Morris said, arguing the judiciary commission has “utterly failed” to act in some high‑profile cases.
Opponents questioned whether the proposal would improperly shift power from the courts to lawmakers and objected to undefined standards in the drafting. Senator Plessis asked whether the measure would give legislators an inappropriate check on judges who are elected by voters: “How can a judge who has to go before the voters... act with impunity when we are taking the democratic process away from the people?” she said. Other senators pressed Morris for a clearer definition of “incompetence” and for procedural safeguards.
Morris said a companion bill would define terms and spell out procedures, including due process protections, and said he expected the provision would rarely be used but would improve accountability. He repeatedly cited cases he said showed the current process left victims and communities without redress.
After several hours of debate and numerous questions from colleagues, the Senate voted 27 yeas and 11 nays to pass the joint resolution. The Senate clerk recorded the vote at the close of the floor debate; the measure passed the Senate on April 7.
