The Louisiana Senate approved two bills Monday that would partially restore lawmakers’ ability to delay certain court proceedings when it conflicts with their legislative schedule. (Greg LaRose/Louisiana Illuminator)
The Louisiana Senate approved two bills Monday that would partially restore lawmakers’ ability to delay certain court proceedings when it conflicts with their legislative schedule.
The measures come after the state Supreme Court declared a similar law unconstitutional that applied to legislators who are attorneys.
No senators voted against Senate Bill 7 by Sen. Jay Luneau, D-Alexandria, or Senate Bill 9 by Sen. Greg Miller, R-Norco. The proposal will go next before a House committee. Luneau and Miller are attorneys who supported each other’s bills in the hopes that one would make it through the entire legislative process.
The proposals are a narrower version of what the Supreme Court struck down. They apply to attorney-lawmakers who might need to delay court proceedings due to legislative duties and when legislators are personally party to a court proceeding.
If either of the bills pass, they would override guidance the Supreme Court issued.
Both bills include safeguards that did not exist in the original law, including allowing opposing counsel to challenge a legislator’s request for a delay and excluding certain types of court proceedings.
Cases involving child custody, domestic violence and protective orders are among the types of hearings for which legislators cannot seek delays.
If either proposal becomes law, a judge could deny the request for a delay if it’s determined the attorney-legislator was seeking it for an “improper” purpose or if the opposing party would suffer “substantial and immediate harm” if the delay is granted.
The Supreme Court threw out the original continuance law in response to a case involving law partners Sen. Alan Seabaugh, R-Shreveport, and Rep. Michael Melerine, R-Shreveport, during a personal injury case.. Their opposing counsel argued that the lawmakers had held up a case for years through legislative continuances.
Seabaugh was not present for the vote on either bill or for the committee hearing on the bill last week.
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