Senate Bill No. by Senator Morris amends existing laws regarding the removal of public officials in Louisiana. The bill expands the grounds for removal to include not only felony convictions but also malfeasance or gross misconduct while in office. It establishes that a public officer, except those exempt from removal by suit, shall be removed for these offenses. The bill also outlines the procedures for automatic suspension without compensation during the period of conviction or determination of misconduct, ensuring that the suspended official cannot perform any official duties or receive compensation until the matter is resolved. If the conviction or determination is overturned, the official is entitled to back pay and restoration of all rights and privileges.
Additionally, the bill specifies the method for removal through district court judgments, allowing suits to be initiated by the attorney general or the legislature. It details the civil nature of these actions and the required venue for such suits, which can be in the parish of the official's domicile, where the conduct occurred, or in the Nineteenth Judicial District. The bill also allows for the appointment of a special prosecutor and mandates the Supreme Court to appoint an ad hoc judge to preside over these cases. The changes are set to take effect on August 1, 2026.
Statutes affected: SB425 Original: 42:1411(A), 42:1412(A)