Louisiana voters to decide on specialty courts, prosecution of juveniles and court vacancies

BATON ROUGE, La. (Louisiana First) — Four constitutional amendments, including one on major tax reforms, will be on the ballot for the March 29 election.

PAR Louisiana’s constitutional amendment guide helps break down each amendment.

Amendment 1: Specialty Courts and Discipline of Lawyers

Under current law, the Louisiana Supreme Court oversees discipline and ethics for lawyers. The state’s standards and discipline methods only apply to lawyers licensed in Louisiana. The amendment looks to allow the court to apply the standards and punishments to out-of-state lawyers.

This stemmed from cases of a Houston-based law firm that filed hundreds of lawsuits against insurance companies following Hurricane Laura and Delta. It was seen as predatory as some residents didn’t know that lawsuits were filed in their names.

The second part of the amendment would expand the legislature’s ability to create specialty courts. Currently, there are restrictions to specific jurisdictions and parishes. The amendment does not specify what kind of courts may be created. Some believe it is too vague and could lead to power being taken away from some New Orleans judges.

Supporters of the bill emphasized the need to create a business court to hear complex litigation dealing with security laws, corporate governance, and antitrust issues.

Amendment 3: Prosecution of Juveniles as Adults for Felony Cases

Louisiana law states a person under the age of 17 can be tried as an adult in criminal court for 16 felony crimes – most of which are violent offenses.

Lawmakers can’t add to the list without a constitutional amendment, which takes a vote of the people to approve. This will largely impact juvenile offenders ages 14-16 since 17-year-olds are already considered adults in Louisiana’s criminal system.

Some cases could allow children under 16 to be tried as adults based on their charges, district attorney discretion, and if a child is found to be unable to be rehabilitated.

The proposed amendment would take the list of felonies out of the constitution and move it into statute, making it easier for lawmakers to add or subtract offenses from the list that could lead to juveniles being tried as adults.

Supporters have listed offenses such as sex trafficking, carjacking and home invasion as offenses they’d like to see on the list. Opponents of this amendment believe those crimes are already covered by the list in the constitution. 

The amendment wouldn’t alter limitations that only teens 14 and older can be tried as adults, but the legislature could alter that law in the future.

Amendment 4: Special Elections for Judicial Vacancies

A special election must be held within a year when there is a new judgeship or judicial vacancy. While there is a vacancy, the Louisiana Supreme Court appoints someone qualified for the job in the interim.

In 2026, closed primaries will begin for Congress, the Louisiana Supreme Court, the Board of Elementary and Secondary Education, and the Public Service Commission. It could mean three elections will be needed to determine the winner of these races which could make it impossible for these judicial openings to be filled within the 12-month requirement.

The proposed change would require the governor to call a special election to fill the judgeship on the date of the next congressional or gubernatorial election if it is within the 12-month window. If those options are outside the one-year timeframe, then the governor would choose the next available election date already on the calendar.

Those in favor believe it is a small tweak to handle if a Supreme Court justice dies or resigns before the end of their term. Those against say it is such a rare occurrence that overhauling an old system that has worked before is not needed.

Latest News