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HB243 • 2026

DISTRICT ATTORNEYS: Provides relative to the appointment of a substitute for a recused district attorney

DISTRICT ATTORNEYS: Provides relative to the appointment of a substitute for a recused district attorney

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Roger Wilder III
Last action
2026-06-01
Official status
Signed by the Governor - Act 630
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

District Attorneys: Rules for Replacing a Recused District Attorney

This act changes the rules about who can replace a district attorney when they step aside due to a conflict of interest.

What This Bill Does

  • Changes how a substitute is chosen if a district attorney steps away from a case because of a conflict of interest.
  • Requires the trial judge to either pick another lawyer or tell the state's top law officer (the Attorney General) about the situation.
  • Gives the Attorney General the job of finding someone else in their office or another district attorney to take over if they are told about the recusal.

Who It Names or Affects

  • District attorneys who might need a substitute when they cannot work on a case due to a conflict of interest.
  • Trial judges who must choose a replacement lawyer or notify the Attorney General.
  • The Attorney General, who has to find someone else to take over if notified.

Terms To Know

Recusal
When a district attorney steps away from a case because they have a conflict of interest or other reason that makes them unable to fairly handle the case.
Substitute
A lawyer chosen to take over for a recused district attorney in a specific case.

Limits and Unknowns

  • The act does not specify what happens if no suitable substitute can be found.
  • It is unclear how often this situation might occur or how it will affect court cases.

Bill History

  1. 2026-06-01 H

    Effective date: 08/01/2026.

  2. 2026-06-01 H

    Signed by the Governor. Becomes Act No. 630.

  3. 2026-05-29 H

    Sent to the Governor for executive approval.

  4. 2026-05-28 S

    Signed by the President of the Senate.

  5. 2026-05-28 H

    Enrolled and signed by the Speaker of the House.

  6. 2026-05-28 H

    Received from the Senate without amendments.

  7. 2026-05-27 S

    Read by title, passed by a vote of 35 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.

  8. 2026-05-26 S

    Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

  9. 2026-05-25 S

    Read by title and referred to the Legislative Bureau.

  10. 2026-05-21 S

    Reported favorably.

  11. 2026-05-04 S

    Read second time by title and referred to the Committee on Judiciary B.

  12. 2026-04-29 S

    Received in the Senate. Read first time by title and placed on the Calendar for a second reading.

  13. 2026-04-29 H

    Read third time by title, roll called on final passage, yeas 95, nays 1. Finally passed, title adopted, ordered to the Senate.

  14. 2026-04-27 H

    Scheduled for floor debate on 04/29/2026.

  15. 2026-04-27 H

    Read by title, ordered engrossed, passed to 3rd reading.

  16. 2026-04-23 H

    Reported favorably (16-0).

  17. 2026-03-09 H

    Read by title, under the rules, referred to the Committee on Judiciary.

  18. 2026-02-20 H

    First appeared in the Interim Calendar on 2/20/2026.

  19. 2026-02-20 H

    Under the rules, provisionally referred to the Committee on Judiciary.

  20. 2026-02-20 H

    Prefiled.

Official Summary Text

DISTRICT ATTORNEYS: Provides relative to the appointment of a substitute for a recused district attorney

Current Bill Text

Read the full stored bill text
ENROLLED
ACT No. 6302026 Regular Session
HOUSE BILL NO. 243
BY REPRESENTATIVE WILDER
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 682, relative to the recusal of a
3 district attorney; to provide for the notification to the attorney general; to provide for
4 the appointment of an attorney for the recused district attorney; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 682 is hereby amended and reenacted
8 to read as follows:
9 Art. 682. Appointment of substitute for a recused district attorney
10 When a district attorney is recused, or recuses himself, the trial judge shall
11 either appoint an attorney at law, who has the qualifications of a district attorney and
12 is not an assistant to the recused district attorney, to act in the place of the district
13 attorney in the case, or shall notify the attorney general in writing of the recusation.
14 In the latter instance, it It shall be the duty of the attorney general to appoint a
15 member of his staff or a district attorney of another district to act in the place of the
16 recused district attorney. The substitute appointed for the recused district attorney
17 shall have all powers of the recused district attorney with reference to the case.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.