Justices of peace, constables seeking re-election despite law

Published 7:30 am Friday, August 15, 2014

Seventy-six-year-old constable Freddie Theriot said he will seek re-election regardless of a new law that bars justices of the peace and constables from qualifying to run if they are over the age of 70.

“I believe it’s wrong and unconstitutional to discriminate against someone’s age,” said Theriot, of Cameron Parish.

He is among 10 of the 15 Southwest Louisiana constables and justices of the peace over the age of 70 who confirmed to the American Press on Thursday that they will seek another term regardless of the law.

Email newsletter signup

The mandatory retirement rule was signed into law in June without much opposition. Eighty-seven House members voted in favor of the bill, and it passed the Senate 30-0.

But this week the law has stirred up controversy as the deadline for filing to run in the November election is just days away.

Justice of the peace George Gotreaux, 75, of Jeff Davis Parish Ward 6 said he will qualify.

“Let the people from your district vote you in or out,” Gotreaux said. “I was going to retire, but I don’t want anyone telling me I have to retire. I can do more than most people because I know everyone in my district.”

Justices of the peace and constables are elected for six-year terms as staffers in small claims court. Justices of the peace head up evictions and officiate at weddings, and constables serve court papers.

In total, about 160 in the state would be barred from seeking re-election this fall because of Senate Bill 583, sponsored by Sen. Elbert Guillory, R-Opelousas, in the 2014 session. The law took effect earlier this month.

Guillory, who turned 70 about a month ago, said the idea for the bill came from a constituent.

In wake of the backlash, Guillory said he plans to repeal the bill next year. But that will not be any help to those who would be ousted from office while their replacements begin their six-year terms.

“Guillory is over 70 years old himself,” Gotreaux said. “It doesn’t make any sense.”

The bill amended a 2008 law that enacted the mandatory retirement age but let officials who were elected before 2006 keep serving. The Guillory bill eliminated the grandfather clause.

On Wednesday, several local justices of the peace and constables met with the attorney general in Baton Rouge to discuss their options.

Steven Hartmann, a spokesman for the Attorney General’s Office, said they discussed the history and implications of the new law. “Potential options of all concerned were discussed, and attendees spoke freely and had an opportunity for meaningful input,” Hartmann said in a prepared statement. “We explained to the attendees that we at the (Department of Justice) do not serve as their lawyers, but that the issues raised by Act 495 are best addressed by the Justices of the Peace and Constables Association.”

Connie Moore, president of the Louisiana Justices of the Peace and Constables Association, did not return phone calls by the American Press.

In Beauregard Parish, constable Alfred Doyle said he needs more time to decide, while justices of the peace Clyde Dennis and Allen R. Brown said they will both run.

In Calcasieu, justice of the peace Gerald A. Fountain and constable Orgy Broussard said they will seek re-election; deputy constable Carolyn Doucette and constable Wayne Doucette were unavailable for comment.

In Cameron, constables Freddie Theriot and Nolan J. Broussard will seek re-election, but justice of the peace Carrie Broussard said she is not running — not because of the law, but because she is stepping down for a candidate who wants the position.

In Jeff Davis, constable Lee A. Landry and justice of the peace George Gotreaux will seek re-election. In Vernon, constable Dan Atchison and justice of the peace Lavell Johnson will seek re-election; justice of the peace Arlene Cook was unavailable for comment.(Special to the American Press)