Louisiana voters will soon decide on a constitutional amendment that would grant the Louisiana Supreme Court expanded authority to discipline out-of-state attorneys practicing in the state and allow the legislature to create new specialized courts beyond parish or district boundaries.
At face value, the measure appears to address two separate legal concerns—holding non-Louisiana attorneys accountable for unethical practices and expanding the state’s ability to establish specialized courts. However, critics warn that the amendment could lead to unnecessary judicial expansion and increased costs without a clear need.
What the Amendment Would Do
Currently, the Louisiana Supreme Court has exclusive jurisdiction over disciplinary matters involving attorneys licensed in the state. This amendment would explicitly extend that power to attorneys who are admitted temporarily or who practice in Louisiana without being officially licensed here. The push for this change comes after widespread complaints about out-of-state attorneys flooding Louisiana courts with storm-related insurance lawsuits, some of which were found to be fraudulent.
The second component of the amendment would allow the legislature, with a two-thirds majority, to establish specialized courts with regional or statewide jurisdiction. Proponents argue that this could pave the way for a business court, similar to those in 27 other states, designed to handle corporate disputes efficiently. Other possibilities include expanded drug courts, veterans’ courts, and behavioral health courts that could address social issues more effectively.
Arguments For and Against
Supporters argue that:
- The Supreme Court needs clear authority to crack down on unethical out-of-state lawyers.
- Specialized courts could help smaller parishes share judicial resources, making treatment-based courts more accessible.
- A business court could improve Louisiana’s economic climate by providing a more efficient way to resolve commercial disputes.
Opponents counter that:
- Louisiana already has one of the highest numbers of judges per capita in the U.S.; adding more courts without reforming the existing system is unnecessary.
- The amendment lacks specifics on what kinds of courts could be created, leaving the door open for politically motivated changes.
- The Louisiana Supreme Court already has some tools to discipline out-of-state lawyers, making this change redundant.
The Bottom Line
If passed, Amendment 1 would expand judicial oversight of attorneys practicing in Louisiana and give the legislature more power to establish specialized courts. Voters must decide whether these changes improve the legal system or open the door to costly judicial expansion without enough justification.
