Louisiana - 7\23\1879

Article 9009.0 [Last Modified: 6/15/2004 7:42:36 PM]


Section 201.0 0 [Last Modified: 6/15/2004 7:42:36 PM]

ART. 201. For any of the causes enumerated in article 196, district attorneys, clerks of courts, sheriffs, coroners, recorders, justices of the peace and all other parish, municipal and ward officers shall be removed by judgment of the district court of the domicile of such officer (in the parish of Orleans the Civil District Court;) and it shall be the duty of the district attorney, except when the suit is to be brought against himself, to institute suit in the manner directed in article 200, on the written request and information of twenty-five resident citizens and taxpayers in the case of district, parish or municipal officers, and of ten resident citizens and taxpayers in the case of ward officers. Such suit shall be brought against a district attorney by the district attorney of an adjoining district, or by counsel appointed by the JUDGE for that purpose. In all such cases the defendant, the State and the citizens and taxpayers on whose information and at whose request such suit was brought, or any one of them, shall have the right to appeal both on the law and the facts, from the judgment of the court. In all cases where the officer sued, as above directed, shall be acquitted, judgment shall be rendered jointly and in solido against the citizens signing the request, for all costs of the suit. In cases against district attorneys, clerks, sheriffs and recorders the appeal shall be to the supreme court, and in cases against all other officers the appeal shall be to the court of appeals of the proper circuit. Such appeals shall be returnable within ten days to the appellate court, wherever it may be sitting or wherever it may hold its next session, and may be transferred by order of the JUDGEs of said court to another parish within their circuit; and such appeals shall be tried by preference over all others. In case of the refusal or neglect of the district attorney or Attorney General to institute and prosecute any suit provided for in this and the preceding article, the citizens and taxpayers making the request, or any one of them, shall have the right by mandamus to compel him to perform such duty.