(The Center Square) – The Louisiana Supreme Court on Friday upheld a new law eliminating three Orleans Parish Criminal District Court judgeships, clearing the way for the changes to take effect before this fall’s elections.
In a 4-3 decision, the court reversed a lower court ruling that had declared Act 748 unconstitutional and blocked its implementation. The law eliminates Sections A, E and J as the current judges’ terms expire, reducing the criminal court from 12 elected judgeships to nine.
The majority ruled that a provision of the Louisiana Constitution giving lawmakers authority to change the structure of Orleans Parish courts superseded a separate requirement that changes to the number of district judges receive two-thirds approval from both legislative chambers. The court vacated the injunction and dismissed Judge John Fuller’s lawsuit challenging the law.
Attorney General Liz Murrill said the ruling “restores certainty and allows the election process to move forward as intended.”
Chief Justice John Weimer dissented, arguing that the Constitution plainly requires a two-thirds vote to change the number of judges in “any judicial district.” Act 748 received 25 votes in the 39-member Senate and 62 votes in the 105-member House, falling short of that threshold.
Weimer said the supermajority requirement protects judicial independence and prevents lawmakers from eliminating judgeships for political reasons. Justices Piper Griffin and Marcus Clark Guidry also dissented.
