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SUPREME COURT OF LOUISIANA

No. 96-CA-2022

HENRY R. MILLER, JR., JULIE CARMOUCHE AND MILTON CAMBRE Versus CHARLES J. OUBRE, JR., IN HIS CAPACITY AS CLERK OF COURT FOR ST. CHARLES PARISH, JANICE Z. HYMEL IN HER CAPACITY AS REGISTRAR OF VOTERS FOR ST. CHARLES PARISH AND W. FOX MCKEITHEN, IN HIS CAPACITY AS LOUISIANA SECRETARY OF STATE

ON APPEAL FROM COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF ST. CHARLES, STATE OF LOUISIANA

CALOGERO, Chief Justice*
The question presented in this case is whether a post-1974 Home Rule parish government has the authority to redraw justice of the peace and constable district lines and to create an additional justice of the peace and corresponding constable district. We find

that certain ordinances passed by the St. Charles Parish Council to redraw justice of the peace and constable district lines and to create an additional district are unconstitutional. Under our

state constitution, only the Louisiana Legislature has the power to change justice of the peace courts which existed on the effective date of the 1974 constitution, including the power to redraw district lines and create additional justice of the peace and constable districts. Prior to 1971, the St. Charles Parish Police Jury established ward and precinct lines for justice of the peace and constable

*

Lemmon, J. not on panel; recused. See Rule IV, Part II,

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Louisiana Law