As former members of the Louisiana Judiciary Commission, we urge voters to carefully consider proposed Constitutional Amendment 1 which seeks to change the makeup of this vital body.

Having served on the commission for four years, we can speak first-hand to its importance and effectiveness. We are convinced that this amendment is not a solution to a problem, but rather a measure that risks undermining the independence and effectiveness of the commission. Here’s why.

The Judicial Commission is essential to ensuring that judges adhere to ethical standards. It is an independent body, created by the Constitution, composed of three judges, three lawyers and three citizens. Its mission is simple: investigate complaints against judges and recommend disciplinary measures when warranted.

The Louisiana Supreme Court may take disciplinary action against a judge only after the commission’s recommendation. This process protects both the public and the rights of judges, free from political interference.

Supporters of the amendment believe that the commission takes too long to process files. But here’s the reality: the Commission is actively following up on cases older than 18 months and taking action to address delays. As of March, only three cases were on this list out of more than 900 judges in Louisiana.

Some cases take time because the law requires a high standard of proof through “clear and convincing evidence.” Gathering this evidence, interviewing witnesses, and preparing a thorough case takes time. The processing time of files is not a problem of inefficiency but a problem of equity and justice. The process is not broken, so why change it?

The most troubling aspect of this amendment is the proposal to add five new members to the commission – two appointed by the Speaker of the House, two by the President of the Senate and one by the Governor. These new members would introduce political appointments to a body that has for years strived to remain free of political influence.

The current commission is balanced and impartial and, in our experience, has never made decisions based on political considerations. Introducing more politically appointed members risks turning the commission into another political game tool, thereby compromising its objectivity.

The judiciary plays a crucial role in our democracy by ensuring that all citizens have a fair and impartial venue to present their facts and legal questions in court. The courts are the guardians of our constitutional rights and our right to due process, checking the power of other branches of government. However, by allowing political appointments to the Judiciary Commission, the legislative and executive branches attempt to influence and control the judiciary, thereby compromising its independence. This amendment threatens the very foundations of our democratic system, where justice must remain free from political interference.

Increasing the size of the commission from nine to 14 members may seem like a way to speed things up, but it will only lead to more delays in practice. With more members, meeting coordination becomes more complex and the process becomes more cumbersome. Instead of speeding up files, this amendment could slow things down and add unnecessary travel, accommodation and meal costs for new members.

The amendment also proposes to authorize the Louisiana Supreme Court to initiate investigations into judicial misconduct without the commission’s recommendation. This change undermines the current system which ensures that it is the commission, not the Supreme Court, that provides independent oversight of judicial conduct. If the Supreme Court can open an investigation and act as the final arbiter, it destroys the balance of power that keeps the system fair and impartial.

This is not how you can fix what is not broken. Increasing the number of lawyers and investigators working for the Judiciary Committee would be one solution, but adding political appointees would cost more, invite political appointees to inject politics into a committee that does not ‘was never political and would disrupt the delicate checks and balances between the branches that is a hallmark of our system of government. An impartial and independent judicial system, free from political entanglements, is essential to a proper balance of power in our government.

This amendment constitutes a costly and unnecessary political power grab.