Jim Beam column:Juveniles, courts are targets

Published 6:19 am Wednesday, November 20, 2024

Subjects that have nothing to do with taxes have become two of the most controversial topics during the Legislature’s third special session of 2024 that was called to deal with tax reform.

The present state constitution lists 15 crimes for which juvenile protection features don’t apply. Senate Bill 2 by Sen. Heather Cloud, R-Turkey Creek, is a proposed state constitutional amendment that removes those offenses from the constitution so legislators can expand the list of crimes without taking the issue to the voters.

Sen. Jay Morris, R-West Monroe, is sponsoring SB 1, another proposed state constitutional amendment that would empower the Legislature to set up new specialized courts in the state if two-thirds of them agree.

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Cloud’s bill passed the Senate 28-9 and was reported favorably by the House Administration of Criminal Justice Committee. It was recommitted and approved Tuesday by the House Committee on Civil Law and Procedure and is now headed to the full House for debate and final action.

The Legislature earlier this year at a second special session on crime approved a bill by Cloud that repealed the Raise the Age law that the  Louisiana Center for Children’s Rights said made children “a specific target of that session.”

The center added, “Louisiana is now the first state in the nation to roll back this reform and return to the practice of prosecuting all 17-year-old children as adults, no matter how minor their offense.”

In a Friday news report on Cloud’s latest bill, The Advocate said, “The Louisiana Senate on Monday passed a bill that could ultimately land more teens in adult prisons.”

Of the 15 crimes now in the constitution, four are first- and second-degree murder, aggravated kidnaping and first-degree rape and those charges automatically transfer to adult court. District attorneys can decide whether the other cases should go through the juvenile or adult court system.

If the 15 crimes are removed from the constitution, the Legislature could, by a two-thirds vote, make any crime transferable — without having to ask for the public’s approval.

A member of an East Baton Rouge prison reform coalition said the bill would risk “(putting) children in places that adults don’t thrive in, without the services that children are entitled to, because they don’t get the educational services, they don’t get the mental health services and they are subject to rape and other things in an adult facility.”

Some juveniles end up in solitary confinement or out-of-area housing in other jail facilities because some parishes don’t have places to hold them.

Despite the many reasons not to change the current constitutional provision that gives juveniles better protection, the odds are Cloud’s bill will pass the House and be sent to the state’s voters. If they are lucky, that is where they might receive the justice they deserve.

Morris’ court bill got an unfavorable report in the House Judiciary Committee Monday but it got new life when the full House voted 63-25 to send it to the House Civil Law and Procedure Committee where it was approved Tuesday and it is now headed to the full House for debate and final action.

Before receiving 30-6 approval of the Senate last week, Morris said his goal was to make it possible to launch specialized business courts that deal in complex litigation. He said such courts exist in 27 other states but it requires a constitutional amendment in Louisiana.

Morris said, “The governor indicated he wanted us to have the ability to create veterans courts, mental health (courts) possibly, and business courts. And some of the business leaders have indicated to him that would be something they’d like to see.”

The Advocate reported that opponents contend Morris’ bill is a hidden design to strip criminal cases from liberal judges in Orleans Parish. And the newspaper said Morris has been an outspoken critic of New Orleans officials’ handling of crime.

Like Cloud’s juvenile justice measure, Morris’ legislation appears to be headed for final legislative approval. With 73 Republicans and only 32 Democrats in  the House and 28 Republicans and only 11 Democrats in the Senate, Gov. Jeff Landry gets most of what he wants.

Surprisingly, the governor has run into some problems with tax reform for which he called this session. Even so, the odds are that legislators who have been eager to do his bidding all year long will smooth things over.

Jim Beam, the retired editor of the American Press, has covered people and politics for more than six decades. Contact him at 337-515-8871 or jim.beam.press@gmail.com.