In his headlong rush to buffalo
legislators into unneeded tax increases, perhaps Gov. John Bel Edwards
will take the time to include in an anticipated special session call a measure
to correct, on two levels, a helpful constitutional amendment recently entirely
gutted by the judiciary.
Last
month, the Louisiana Supreme Court ruled the
provision that barred unpardoned felons from running for office for 15 years
after the end of their sentences suffered from a drafting error that rendered
it unconstitutional. Apparently, even as the Legislature in its Act 1492 of 1997
provided a provision that applied this attenuation only to individuals “actually
under an order of imprisonment for conviction of a felony,” the secretary of
state then mistakenly left that language off the ballot. A majority ruled the
matter inseverable and junked the entire thing.
Ironically, when Prisoner #30609-034
challenged the ruling so as to run last fall for the state House, he never
should have had standing in the first place since he, once known as state Sen.
Derrick Shepherd, did not receive probation for his federal corruption
conviction but imprisonment. Yet only Court of Appeals Judge (sitting as a Supreme
Court substitute) John Michael Guidry had the temerity to call the court’s
majority to that inconvenience.