§604. Marshal of city or municipal court; temporary absence; vacancy
A. When a marshal of a city or municipal court is temporarily absent or unable to act,
the judge of that court may appoint a person to serve as marshal during the period of
temporary absence or inability.
B.
(1)When a vacancy occurs in the office of constable or marshal of a city or
municipal court and the unexpired term of the office is one year or less, the chief deputy shall
assume such duties and position and shall serve for the remainder of the expired term.
However, in those cases where there is no such person to assume the duties when the
vacancy occurs, the appropriate governing authority shall within twenty days appoint a
person having the qualifications of the office to assume the duties of the office for the
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§604. Marshal of city or municipal court; temporary absence; vacancy
A. When a marshal of a city or municipal court is temporarily absent or unable to act,
the judge of that court may appoint a person to serve as marshal during the period of
temporary absence or inability.
B.(1) When a vacancy occurs in the office of constable or marshal of a city or
municipal court and the unexpired term of the office is one year or less, the chief deputy shall
assume such duties and position and shall serve for the remainder of the expired term.
However, in those cases where there is no such person to assume the duties when the
vacancy occurs, the appropriate governing authority shall within twenty days appoint a
person having the qualifications of the office to assume the duties of the office for the
remainder of the unexpired term. However, if the deadline for making the appointment falls
on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday,
Sunday, or legal holiday shall be deemed to be the final day for making such appointment.
The appointment shall be made by the governing authority of the parish, unless the
jurisdiction of the city or municipal court is wholly within the municipal city limits, in which
case, such appointment shall be made within twenty days by the municipal governing
authority. However, if the deadline for making the appointment falls on a Saturday, Sunday,
or other legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday
shall be deemed to be the final day for making such appointment. If the appropriate
governing authority fails to fill the vacancy within twenty days, the governor shall fill the
vacancy. The judge of the city or municipal court which he serves shall fix the amount of
the bond.
(2)(a) When the unexpired term exceeds one year, the chief deputy shall assume such
duties and position and shall serve until the successor is elected and takes office. If there is
no such person to assume the duties when the vacancy occurs, the appropriate governing
authority shall within twenty days appoint a person having the qualifications of the office to
assume the duties of the office until the successor is elected and takes office. However, if
the deadline for making the appointment falls on a Saturday, Sunday, or other legal holiday,
then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the
final day for making such appointment. If the appropriate governing authority fails to fill the
vacancy within twenty days, the governor shall fill the vacancy. The appropriate governing
authority shall, within twenty days after the vacancy occurs, issue a proclamation ordering
a special election to fill the vacancy and shall specify in the proclamation, in accordance with
R.S. 18:402, the dates on which the primary and general elections shall be held and, in
accordance with R.S. 18:467 and 468, the dates of the qualifying period for candidates in the
special election. However, if the deadline for issuing the proclamation falls on a Saturday,
Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal
holiday shall be deemed to be the final day for issuing such proclamation. If the appropriate
governing authority fails to issue the proclamation within twenty days after the vacancy
occurs, the governor shall issue the proclamation.
(b) The appropriate governing authority or, if the governor issued the proclamation,
the secretary of state shall publish the proclamation in the official journal of the parish in
which the election is to be held and also shall immediately send a copy of the proclamation
by certified or registered mail to the clerk of the district court for the parish in which the
vacancy occurred.
(c) A copy of the proclamation shall also be mailed to the secretary of state who shall
within twenty-four hours after receipt of the information notify all election officials having
any duty to perform in connection with a special election to fill such vacancy, including the
parish board of election supervisors. When a special election is required, the appointee shall
serve only until the successor is elected and takes office.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1980, No. 533, §1, eff.
July 23, 1980; Acts 1988, No. 329, §1; Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1997,
No. 1420, §1, eff. Jan. 1, 1998; Acts 1999, No. 1345, §1; Acts 2005, No. 431, §1, eff. Jan.
1, 2006; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2022, No. 274, §1, eff. June 3,
2022; Acts 2024, No. 640, §2, eff. See Act.