Louisiana 2022 Regular Session

Louisiana House Bill HB242

Introduced
2/28/22  
Refer
2/28/22  
Refer
2/28/22  

Caption

(Constitutional Amendment) Authorizes judges to serve as an attorney member of a medical review panel

Impact

If enacted, HB242 would amend the state constitution to allow judges to participate in legal proceedings outside their typical judicial roles, potentially leading to improved oversight and accountability within medical review panels. This change could enhance the legal framework concerning healthcare practices, as judges often possess a wealth of legal knowledge that could benefit these panels, particularly in cases involving malpractice or disputes over medical decisions.

Summary

House Bill 242, introduced by Representative Bagley, proposes a constitutional amendment to Article V, Section 24(B) of the Louisiana Constitution. The amendment aims to permit judges of various courts, including supreme court and district court judges, to practice law specifically for the purpose of serving as attorney members of medical review panels. Currently, Louisiana law prohibits judges from engaging in any legal practice, and this bill seeks to carve out an exception to allow judges to contribute their legal expertise in the context of medical review.

Sentiment

The sentiment surrounding HB242 appears to be generally supportive among those who view the inclusion of judges in medical review panels as a positive step toward improving the legal and ethical standards in healthcare. However, some concerns have been raised about the implications of allowing judges to practice law, even in a limited capacity, with critics highlighting potential conflicts of interest that could arise from judges simultaneously serving as adjudicators and legal practitioners. Overall, discussions suggest an understanding of the need for qualified oversight in medical reviews.

Contention

Notable points of contention include the authority and role judges play within the legal system and the potential consequences of diminishing the strict separation between judicial roles and legal practice. While proponents advocate for the expertise judges could bring to medical review panels, opponents caution that this amendment may blur the lines of judicial impartiality and affect public perception of judicial integrity. The discussion underscores the tension between necessary legal reforms and the traditional boundaries established within the judicial framework of Louisiana.

Companion Bills

No companion bills found.

Previously Filed As

LA HB364

(Constitutional Amendment) Increases the membership of the Public Service Commission (OR +$1,285,171 SG EX See Note)

LA SB500

Provides relative to the medical review panel. (8/1/26)

LA SB86

Constitutional amendment to remove the mandatory retirement age for judges. (2/3 - CA13s1(A)) (1/1/27)

LA HB354

District Attorneys, diminishing compensation during term prohibited, constitutional amendment

LA SB226

District Attorneys, diminishing compensation during term prohibited, constitutional amendment

LA HB63

(Constitutional Amendment) Provides relative to the mandatory retirement of judges (EN SEE FISC NOTE GF EX)

LA SF0103

AN ACT relating to courts; amending requirements for the assignment of retired judges and justices to active cases; specifying limitations on the assignment of retired justices and judges to service; specifying duties of the Wyoming supreme court; requiring the use of three (3) judge panels for district courts to resolve the constitutionality of statutes and session laws as specified; making conforming amendments; specifying applicability; and providing for an effective date.

LA HB766

Revise disqualification grounds of member or proposed member of medical legal panel

LA SB145

Relating to compensation for panel attorneys

LA HB5443

Relating to the reimbursement for panel attorneys and guardian ad litems

Similar Bills

No similar bills found.