Senate Bill No. 479, introduced by Senator Morris, establishes a new framework for the removal of certain judges and justices in Louisiana for malfeasance, gross misconduct, or incompetence while in office. The bill enacts Chapter 21-A of Title 42 of the Louisiana Revised Statutes, which includes definitions for terms such as "gross misconduct," "incompetence," "malfeasance," and "legislative address." It outlines the procedure for the legislature to introduce and adopt a legislative address for removal, which includes serving the official with written cause for removal and providing an opportunity for a trial in the Senate with the right to counsel.
The legislative address will require a favorable vote from a majority of the House of Representatives and two-thirds of the Senate to be effective. Once passed, the address will be sent to the governor for certification, which is mandatory and enforceable by legal action. The bill clarifies that this new process does not preclude the removal of officials through impeachment or other existing legal provisions. The act will take effect only if a proposed amendment to the Louisiana Constitution is adopted and becomes effective.