Louisiana Constitution ARTICLE V. JUDICIAL BRANCH

Here is a summary and breakdown of Article V – Judicial Branch of the Louisiana Constitution:

Louisiana Constitution – Article V: Judicial Branch

Purpose:
Article V establishes the structure, powers, jurisdiction, and administration of the judicial branch in Louisiana.

Key Sections & Provisions:

Section 1. Judicial Power

Judicial power is vested in a supreme court, courts of appeal, district courts, and other courts authorized by the constitution.

Section 2. Supreme Court

Highest court in the state.

Has general supervisory jurisdiction over all other courts.

Has exclusive original jurisdiction over disciplinary matters involving the judiciary.

Seven justices, elected from districts, serve 10-year terms.

Chooses its own chief justice based on seniority.

Section 3. Courts of Appeal

Intermediate appellate courts.

Hear appeals from district courts and certain administrative agencies.

Review both law and facts in civil cases, and law only in criminal cases.

Section 4. District Courts

Have original jurisdiction in all civil and criminal matters.

Can hear jury trials, felony cases, and other major matters.

Judges are elected and serve six-year terms.

Section 5. Other Courts

Legislature may establish other trial courts of limited jurisdiction, such as city courts, mayor's courts, or justice of the peace courts.

Section 6. Judges

Judges must meet certain qualifications:

Be licensed to practice law in Louisiana.

Be a resident of the district and have years of legal experience.

Judges may be removed by the Judiciary Commission and Supreme Court.

Section 7. Judiciary Commission

Investigates misconduct, disability, or other disqualifying behavior by judges.

Can recommend censure, suspension, removal, or retirement.

Section 8. Discipline for Attorneys

Supreme Court has exclusive authority to regulate the practice and discipline of lawyers.

Section 9. Rule-Making Power

The Supreme Court has rule-making authority over procedure, practice, and administration of the courts.

Section 10. Funding

Courts are funded by the state, but some local courts may receive supplemental funding through local governments.

Key Themes

Judicial independence

Accountability of judges

Separation of powers

Structure and hierarchy of courts

 

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