Filling Vacancies
When a Justice of the Peace or Constable leaves office before their term expires — whether due to resignation, death, removal, or other causes — the vacancy is required to be filled according to strict statutory procedures. The process involves both temporary appointments to ensure continuity of service and special elections to fill the unexpired term.
When a Vacancy Occurs
Section titled “When a Vacancy Occurs”A vacancy in the office of Justice of the Peace or Constable occurs when:
- The official dies
- The official resigns
- The official is removed from office by judgment
- The official moves their residence outside the ward or district
- The election is declared void
- The official is convicted of a felony
Resignation: A resignation must be in writing, signed by the official, and submitted to the Secretary of State. It becomes effective when received by the Secretary of State).
Filling the Vacancy
Section titled “Filling the Vacancy”The method for filling the vacancy depends on how much time remains in the unexpired term.
Unexpired Term of One Year or Less
Section titled “Unexpired Term of One Year or Less”If the unexpired term is one year or less, the vacancy is filled by appointment for the remainder of the term. No special election is held.
- Authority: The parish governing authority (Police Jury or Parish Council) appoints a qualified person to fill the office.
- Timing: The appointment must be made within 20 days of the vacancy occurring.
- Governor’s Role: If the parish governing authority fails to make the appointment within 20 days, the Governor makes the appointment.
Unexpired Term of More Than One Year
Section titled “Unexpired Term of More Than One Year”If the unexpired term is more than one year, the vacancy is required to be filled by a special election.
- Proclamation: The parish governing authority is required to issue a proclamation calling for a special election within 20 days of the vacancy.
- Temporary Appointment: While waiting for the election, the parish governing authority appoints a temporary appointee to serve until the newly elected official takes office.
- Election Dates: The special election is typically scheduled for the next available regularly scheduled election date that allows for qualifying periods.
Qualifications for Appointees
Section titled “Qualifications for Appointees”Any person appointed to fill a vacancy — whether temporarily or for the remainder of the term — is required to meet the same qualifications required for the office itself.
For Justice of the Peace:
- Be of good moral character
- Be a qualified elector of the ward or district
- Be able to read and write English correctly
- Possess a high school diploma or equivalent
- Not be under an order of imprisonment for conviction of a felony
- Reside in the ward or district from which elected
For Constable:
- Be of good moral character
- Be a qualified elector of the ward or district
- Be able to read and write English correctly
- Possess a high school diploma or equivalent
- Not be under an order of imprisonment for conviction of a felony
- Reside in the ward or district from which elected
- Be under the age of 70 (unless serving prior to August 15, 2006)
Restrictions on Appointees
Section titled “Restrictions on Appointees”A person appointed to fill a vacancy where the unexpired term is more than one year (meaning a special election will be held) cannot be a candidate in that special election.
This rule prevents an interim appointee from using the advantage of incumbency to win the election. Accepting the interim appointment renders a person ineligible to run for the seat.
Duties of the Interim Official
Section titled “Duties of the Interim Official”The person appointed to fill the vacancy has all the powers, duties, and responsibilities of the office.
- Justices of the Peace: Can sign warrants, hear cases, perform marriages, and manage the court docket.
- Constables: Can serve process, execute writs, and perform all law enforcement duties of the office.
They are also subject to the same ethical standards, training requirements, and financial disclosure rules as an elected official.
Ad Hoc Appointments
Section titled “Ad Hoc Appointments”Distinct from filling a permanent vacancy, sometimes a JP or Constable is temporarily unable to act due to illness, absence, or recusal.
Justice of the Peace Ad Hoc
Section titled “Justice of the Peace Ad Hoc”If a JP is sick, absent, or recused, they (or the parish governing authority if the JP fails to do so) may appoint a Justice of the Peace Ad Hoc to hear specific cases or cover a specific period. The ad hoc JP must meet the same qualifications as the elected JP.
Special Deputy Constable
Section titled “Special Deputy Constable”If a Constable is unable to act, the Justice of the Peace may appoint a Special Deputy Constable to serve process or execute writs in specific cases. This is often done when the Constable is a party to a suit or related to a party.