Age limit not stopping Vermilion Parish constables from qualifying for re-election

There is a new law on the books stopping anyone 70 years old or older from running for constable or justice of the peace in Louisiana.
The mandatory retirement provision was signed into law in June with little fanfare. Now, however, the law is drawing fire as the deadline for filing to run in the November election approaches next week. Some of the court officials affected by the new law say they intend to run, even though it says they are too old.
Charles J. Hebert is the constable in Ward 4 in Vermilion Parish. He is 78 years old and has been constable for the last 21 years. He plans to go to the clerk of court’s office on Wednesday to qualify despite the law.
“I intend to qualify,” said Hebert. “I think the law is unconstitutional. I feel I am being discriminated against because of my age.”
Hebert is familiar with the new law. He and more than 50 other constables and justice of the peace officers went to Baton Rouge to protest the new law.
Earl C. Hoffpauir, 74, is a constable in Ward 5 in the Indian Bayou area. He just completed his third term and wants to run again despite his age. Hoffpauir plans to go to the Clerk of Court’s Office Wednesday and qualify.
He and Hebert both went to Baton Rouge last week.
A law that sets a mandatory retirement age of 70 for constables and justices of the peace has been on the books since 2006. The law excluded anyone elected before then. Republican state Sen. Elbert Guillory’s bill removed that exemption, a change that will affect about 160 state officials.
Guillory says he sponsored the law on behalf of a constituent who said he represented the Louisiana Justice of the Peace and Constables Association.
Today, out of the 15 justice of the peace and constables, only three are older than 70 years old in Vermilion.
Roland Suire, the justice of the peace in Ward 1, is not expected to seek re-election in that ward.
B.J. “Bub” Legé, the constable in Ward 8, may or may not run for re-election.
Vermilion Parish Clerk of Court Diane Meaux Broussard said it was not the clerk of court’s job to stop someone from qualifying for elections.
If Hebert, who is 78, fills out the State of Louisiana Notice of Candidacy forms, the clerk of court’s office will not check Hebert’s forms to see his age or if he even lives in the correct ward.
Someone in Hebert’s district would have to challenge Hebert’s qualifications.
Louisiana has a restriction in its state constitution that requires judges to retire after reaching age 70 and finishing their current terms, but that has been criticized as discriminatory.

Here are the duties of a Justice of the Peace:
• can perform marriage ceremonies
• are elected to serve six-year terms as the judicial authority of a ward or district
• have jurisdiction in civil matters when the amount in dispute does not exceed $5,000
• do not have jurisdiction when a title to real estate is involved, when the state or any political subdivision is a defendant, or in successions or probate matters

Here are the duties of a Constable
• are elected to serve six-year terms and carryout the orders of the Justice of the Peace Court
• serve citations ordered by the justice of the peace courts
• act as the enforcement officer of evictions and garnishments ordered by the justice of the peace court.