Judge puts age rules on hold

Published 8:32 am Wednesday, August 20, 2014

Southwest Louisiana justices of the peace and constables facing new age restrictions that could boot them from office will be permitted to qualify next week.

On Tuesday, a Baton Rouge judge issued a temporary restraining order against a recently passed law that prohibits anyone age 70 or older from running for justice of the peace or constable.

District Judge Tim Kelley’s ruling came on the heels of a lawsuit filed by the Louisiana Justice of the Peace and Constables Association, which claims the law is unconstitutional.

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“I was dismayed that this bill ever went as far as it did,” said Louis Michiels, past president of the association. “It had so much support from the Legislature.”

The mandatory retirement rule was signed into law in June without much opposition. Eighty-seven House members voted for the bill, by Sen. Elbert Guillory, R-Opelousas, and it passed the Senate 30-0.

Michiels, a constable in Calcasieu Parish, said he is hoping the law is reversed in the next legislative session. Guillory has said he plans to seek its repeal.

Lawmakers said there was no spirited debate when the bill was being passed and that they expected more input from the association.

“For some reason it was fast-tracked through the Legislature. We had people in Baton Rouge the day it went to committee, and we were never told that it was going to be going to committee,” Michiels said. “We are perplexed why we didn’t know about it until the governor signed it because we understood that the bill itself had been pulled.”

A law that sets the mandatory retirement age of 70 for the court officials has been active since 2006. However, it excluded anyone elected beforehand. The new law, which took effect earlier this month, removed that exemption, barring about 160 people statewide from seeking re-election this fall.

Kelley’s actions will allow anyone exempted before 2006 to sign up for re-election.

Eleven of the 15 Southwest Louisiana constables and justices of the peace over the age of 70 have confirmed to the American Press that they will seek another term.

The law recently spurred controversy as the deadline for filing to run in the November election is just days away.

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The Associated Press contributed to this report.(MGNonline)