Qualifications for Office
Louisiana law establishes specific qualifications for candidates seeking the offices of Justice of the Peace and Constable. These requirements ensure that judicial officers possess the basic attributes necessary to serve their communities.
Justice of the Peace Qualifications
Section titled “Justice of the Peace Qualifications”A candidate for Justice of the Peace must meet five requirements:
1. Good Moral Character
Section titled “1. Good Moral Character”The candidate must be of good moral character. This standard is evaluated through the qualification process and may be challenged by opposing candidates or the public.
2. Qualified Elector
Section titled “2. Qualified Elector”The candidate must be a qualified voter — registered to vote and eligible to cast a ballot in the election.
3. Residency
Section titled “3. Residency”The candidate must reside within the ward and district from which they seek election. The residency requirement ensures local knowledge and accessibility.
Exception — Plaquemines Parish: The Justice of the Peace in Ward Three may be a resident of Ward Three or Ward Four and the respective district.
4. English Literacy
Section titled “4. English Literacy”The candidate must be able to read and write the English language correctly.
5. High School Diploma or Equivalent
Section titled “5. High School Diploma or Equivalent”Since 2008, each person qualifying for Justice of the Peace must possess a high school diploma or its equivalent (GED) as determined by the State Board of Elementary and Secondary Education.
Constable Qualifications
Section titled “Constable Qualifications”A candidate for Constable must meet the same five requirements as Justice of the Peace:
- Good moral character
- Qualified elector
- Resident of the ward and district
- Able to read and write English
- High school diploma or GED
Grandfather Clause
Section titled “Grandfather Clause”The high school diploma or GED requirement does not apply to constables who have been serving as a constable on or before November 19, 1995. This applies whether the constable seeks to remain in office or to be re-elected to another term.
Term of Office
Section titled “Term of Office”Election Timing
Section titled “Election Timing”Elections for Justice of the Peace and Constable are held in the same year as congressional elections.
Term Length
Section titled “Term Length”Both offices serve six-year terms.
Taking Office
Section titled “Taking Office”Justices of the Peace and Constables take office on the first day of January following the election.
Appointment Restrictions
Section titled “Appointment Restrictions”Justices of the Peace
Section titled “Justices of the Peace”A person appointed by the Supreme Court to temporarily fill a vacancy in the office of Justice of the Peace is not eligible to:
- Run as a candidate in the election to fill that vacancy
- Hold office if elected despite the prohibition
If such a person qualifies as a candidate, the qualification is null and void.
This restriction also applies to any person who:
- Accepts appointment to temporarily serve as Justice of the Peace
- Subsequently resigns the office prior to the vacancy being filled by election
Constables
Section titled “Constables”Unlike JPs, constables appointed by a parish governing authority to fill a vacancy are eligible to run as a candidate in the election to permanently fill that vacancy.
Justice of the Peace Ad Hoc
Section titled “Justice of the Peace Ad Hoc”A Justice of the Peace may appoint a temporary replacement (ad hoc) to serve for a maximum of 30 days per year.
Ad Hoc Qualifications
Section titled “Ad Hoc Qualifications”The ad hoc JP must either:
- Reside within the territorial boundaries of the court and meet all qualifications required by law for Justice of the Peace, OR
- Be a currently elected Justice of the Peace within the same parish
Notice Requirement
Section titled “Notice Requirement”The appointing JP must notify the Attorney General’s office within 72 hours of the appointment, providing:
- Name of the ad hoc JP
- Address
- Telephone number
Compensation
Section titled “Compensation”The ad hoc JP may be paid the same compensation from the same sources as the regular JP while serving.
Special Parish Rules
Section titled “Special Parish Rules”In St. John the Baptist, St. Charles, and Lafourche parishes, ad hoc appointments require approval by a majority vote of the parish governing authority.
Deputy Constables
Section titled “Deputy Constables”Constables may appoint deputy constables in certain parishes. Deputy constables must meet the same qualifications and training requirements as constables.
The provisions vary by parish. For example, in Union Parish:
- Each constable may appoint one deputy constable
- The deputy must meet qualifications under R.S. 40:2402 through 2406
- The deputy need not reside in the ward but must reside in Union Parish
- Compensation comes from the constable’s office, not parish or state funds
Disqualification
Section titled “Disqualification”A person may be disqualified from serving if:
- They fail to meet any of the five basic requirements
- They are appointed to fill a vacancy and subsequently run for election to fill that vacancy (JPs only)
- They fail to complete required training (affects compensation, not office)
Related Topics
Section titled “Related Topics”- Vacancy — Filling vacant offices
- Training & Credentialing — Required courses
- Constable — Constable duties and authority