Could judges of Louisiana's 24th Judicial District vote by proxy at en banc meetings?

Plain-English summary

A district judge asked whether judges of the 24th Judicial District Court could vote by proxy at en banc meetings. The AG reviewed the court's local rules and found that they allowed en banc meetings but said nothing about proxy voting. The opinion concluded that proxy votes were prohibited unless the court adopted a specific rule permitting them.

The AG distinguished the judiciary from public bodies covered by Louisiana's Open Meeting Laws. The opinion quoted a Louisiana Supreme Court decision saying those laws did not apply to judges exercising judicial functions, including rulemaking or administrative functions. Its proxy-vote conclusion rested on the court's own rules and the usual rule for deliberative assemblies, not on direct application of the open-meetings ban.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the court's existing local rules allow absent judges to vote by proxy?
No. The AG found the rules silent on proxy voting and concluded it was not permitted until a local rule authorized it.

Did Louisiana's open-meetings proxy ban directly govern these judges?
The opinion said no. It cited a Louisiana Supreme Court decision holding that the open-meetings provisions did not apply to judges acting in their judicial functions.

Could the court ever authorize proxy voting?
The AG said a specific provision in the 24th Judicial District Court's local rules would be required.

What is a proxy vote in this context?
The opinion quoted Robert's Rules of Order: one member gives another authority to vote in the first member's place.

Background and statutory framework

The opinion discussed LSA-R.S. 42:5B, which prohibited proxy voting by a public body, and Imbornone v. Early, 401 So.2d 953 (La. 1981), which held that the open-meetings statutes did not apply to the judiciary's exercise of judicial functions. It then examined the 24th Judicial District Court's local rules and found no proxy-voting provision.

Citations and references

• LSA-R.S. 42:5B: public-body proxy-voting provision discussed in the opinion.
• Imbornone v. Early, 401 So.2d 953 (La. 1981): open-meetings law and judicial functions.
• Robert's Rules of Order: proxy-voting rule quoted in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0204

Original opinion text

June 21, 2000
OPINION NUMBER 00-204

Honorable Alan J. Green
District Court Judge
56 - Judges
th
Office of District Judges
Proxy voting is not permitted by the 24 Judicial District
Court without specific rules allowing for such.
24th Judicial District
Parish of Jefferson
Gretna, Louisiana

Dear Judge Green:

This office is in receipt of your recent request for an opinion in which you present the following inquiry for our response: whether the 24th Judicial District Court Judges may vote by proxy at their en banc meetings and if so, under what circumstances might this be permitted?

"Proxy voting" was recently addressed by our office in opinion number 99-131, wherein our office quoted from Robert's Rules of Order and stated that it was a fundamental principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken in a legal meeting. Exceptions to this rule must be expressly stated in the bylaws. Such possible exceptions include the voting by mail and proxy voting.

Robert's Rules of Order defines a proxy as a power of attorney given by one member to another to vote in his stead; the term also designates the person or member who holds the power of attorney. Proxy voting is not permitted in ordinary deliberative assemblies unless the laws of the state in which the society is incorporated require it, or the charter or bylaws of the organization provide for it. Ordinarily it should neither be allowed or required, because proxy voting is incompatible with the essential characteristics of deliberative assembly in which membership is individual, personal, and nontransferable.

Louisiana's Open Meeting Laws, specifically LSA-R.S. 42:5B provides that each public body shall be prohibited from utilizing any manner of proxy voting procedure. However, in the case of Imbornone v. Early, 401 So.2d 953 (La. 1981) the court held, "It is evident from a review of R.S. 42:4.2 and of R.S. 42:4.1, which states the purpose of the requirement of open meetings, that the law is not intended to apply to the judiciary. This reasoning applies even when judges are acting in the performance of their rule making or administrative functions."

Page 2

Honorable Alan J. Green
Opinion Number 00-204
Page - 2 -

The court further stated, "We therefore conclude that the Legislature did not intend R.S. 42:4.1 through 42:12 to apply to actions of members of the judiciary in the appropriate exercise of their judicial function."

A review of the general local court rules of the 24th Judicial District Court provides for various en banc meetings of the court, but is silent with regard to any provisions allowing "proxy voting". It is the opinion of our office that until such time that the 24th Judicial District Court provides for "proxy voting" in its local rules that such would be prohibited.

I trust this addresses your concerns. Please contact this office should you require further assistance.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ____
CHARLES H. BRAUD, JR.
Assistant Attorney General

RPI:CHB, Jr./mjb

Page 3

Honorable Alan J. Green
Opinion Number 00-204
Page - 3 -

56 - Judges

Proxy voting is not permitted by the 24th Judicial District Court without specific rules allowing for such.

Honorable Alan J. Green
District Court Judge
Office of District Judges
24th Judicial District
Parish of Jefferson
Gretna, Louisiana

Date Received:
Date Released: June 21, 2000

CHARLES H. BRAUD, JR.
Assistant Attorney General