Giepert v. Wingerter’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he retirement provision in effect in the Constitution of 1921 when Judge Levy was elected and took office provided that `[e]very judge shall retire upon reaching the age of 75 years.' ... [i]f a judge reached seventy-five with less than twenty years service, he could serve until eighty or until he acquired twenty years service, whichever came first”

   2 later decisions quote this exact passage · from the dissent
   e.g. Williams v. Ragland · 567 So. 2d 63 - Williams v. Ragland

2. “We conclude Wingerter’s “service rights” preserved by Section 23(A) include the right to remain in office until at least age 75 as provided by the 1921 Constitution. In the 1921 Constitution, Article VII, Section 8 initially provided for a judicial retirement age of 75. In a 1936 amendment, the mandatory retirement age was raised to 80. Finally, in 1960, a constitutional amendment lowered the age [to] 75. The 1960 amendment did not except judges then in office from its scope, but it did permit sitting judges to continue to serve until age 80 or until they had achieved 20 years of service whichever came first. See La. Const. Article VII, Section 8 (1921) (as amended in 1960). No further changes were made in judicial retirement age prior to the adoption of the 1974 constitution. Wingerter’s “service rights” were fixed on December 31,1974, the last day before the new constitution took effect. These rights provided by the 1921 Constitution included the right to serve until age 75, or until age 80 if he needed additional years to achieve 20 years vested retirement service. Id. at 756 . (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. In re Wingerter

3. “Both the Constitutional history and the scholarly literature support the conclusion that the “service rights” of a judge in office on January 1, 1975 include the right to serve until at least age 75 as provided in the 1921 Constitution. In a 1977 law review article on Article V, Professor Hargrave, Coordinator of Legal Research for the 1973 Constitutional Convention, states flatly the purpose of the “service rights” clause was to keep 75 as the retirement age for judges in office under the old constitution. See Hargrave, The Judiciary Article of the Louisiana Constitution of 1974, 37 La. L.Rev. 765, 827 (1977). Of the applicability of Section 23(B), the current provision, he writes: “The mandatory retirement age of 70, however, applies only to judges who were not in office on the effective date of the constitution.” Id. (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. In re Wingerter