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454 So. 2d 894

Aiple v. Naccari

Louisiana Court of Appeal

Decided August 7, 1984

Louisiana Court of Appeal · decided 1984-08-07

Cited by 3 later decisions — most recently August 2004

3 state decisions

Relies on 360 So. 2d 1193 - Cook v. Campbell

Good law ✅— No negative treatment on recordhow we know

Decided 1984-08-07

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BOUTALL, Judge.

¶1This is an election contest suit in which a candidate for Judge of the First Parish Court, Parish of Jefferson, is sought to be declared unqualified on the basis of insufficient period of practice of law.

¶2The facts are that the candidate, Bruce Naccari was admitted to the practice of law in Louisiana on October 5, 1979. He qualified as a candidate on July 16, 1984; the date of the primary election is September 29, 1984; the date of the general election is November 6,1984. Thus he will have practiced law for 5 years on October 4, 1984, between the dates of the primary election and the general election.

¶3The qualification requirement is contained in La. Constitution of 1974, Article 5, Section 24:

“A judge of the parish court shall have been admitted to the practice of law in this state for at least five years prior to his election

¶4It is contended that the phrase “prior to his election” means the primary election and not the general election.

¶5We agree with our brothers of the Second Circuit in Cook v. Campbell, 360 So.2d 1193 (La.App. 2nd Cir.1978) that the most reasonable and workable interpretation is that the phrase means the date of the final election in the normal election process — the date of the general election.

¶6In support thereof we further rely on Constitution of 1974, Art. 5, Section 22:

“(A) Election. Except as otherwise provided in this Section, all judges shall be elected. Election shall be at the regular congressional election.”

¶7*895As was noted in Cookthe Constitutional Convention rejected attempts to change the language “prior to his election.” At that time the prevailing election system in Louisiana was to have party primaries at which the party candidates were nominated for the general election. It was not until the present election code was adopted by Act 697 of 1976 that the open primary system came into being. The party primary elections were held “for the purpose of nominating candidates for such judicial offices.” The law provided, Act 46 of 1940 as amended, the method of nominating candidates for the general election. Accordingly, “his election” (as opposed to “his nomination”) could only mean the general election at the time of the adoption of the 1974 Constitution.

¶8The judgment appealed is affirmed.

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