A Senate committee approves legislation that gives lawmakers the ability to remove judges for malfeasance, gross misconduct or incompetence. Monroe Senator Jay Morris says there have been too many instances, particularly in Orleans Parish, where repeat offenders are committing violent crimes.
“This bill is not going to miraculously make the judges who are not that great be awesome. I think they will all be looking over their shoulder a little more and thinking more cautiously and carefully about the decisions they make,” Morris said.
This is a proposed constitutional amendment. It will need voter approval next April, if two-thirds of the Legislature approves it. Sarah Whittington of the ACLU of Louisiana opposes the legislation. Whittington says the state constitution already allows for the legislature to impeach a judge, but lawmakers have not tried.
“Has the Senate tried? And to date, if there are serious concerns about these judges and the cases you would bring, I have not seen a case brought,” Whittington said.
Morris says the state constitution is unclear on whether the legislature can impeach a judge. He says under his proposal, an incompetent judge can be removed by a simple majority vote in the House, and a two-thirds vote in the Senate. The governor would then certify the removal of that judge. Evangeline Parish Senator Heather Cloud likes this approach.
“Your bill gives an opportunity to address the most egregious situations; the judges that are not applying good sense and good measure to keep families and communities safe,” Cloud said,
Morris’ measure originally allowed the governor to recommend the removal of a judge. That language has been removed and the proposal heads to the Senate floor for more debate.