# Joint Legislative Committee of the Legislature v. Strain

> Supreme Court of Louisiana · November 6, 1972 · 263 La. 488

URL: https://www.frixlaw.com/law-library/cases/9689866

## Case

- **Full name:** The JOINT LEGISLATIVE COMMITTEE OF the LEGISLATURE of the State of Louisiana Created by Senate Concurrent Resolution No. 31 as Amended by Senate Concurrent Resolution No. 76 of the Louisiana Legislature of 1970 v. James R. STRAIN
- **Court:** Supreme Court of Louisiana
- **Decided:** November 6, 1972
- **Citations:** 263 La. 488; 268 So. 2d 629; 1972 La. LEXIS 5433
- **Precedential status:** Published
- **Opinion:** Concurring in part by Dixon
- **Judges:** Hamlin, Sanders, Barham, Tate, Dixon
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9689866

## Opinion text

DIXON, Justice
(concurring in part and dissenting in part).
I concur in that part of the majority opinion which holds that the Court of Appeal is without jurisdiction over an appeal from a conviction of contempt of the legislature.
However, I must respectfully dissent from affirming the conviction.
There is little doubt, in my opinion, that the legislature could constitutionally provide for the punishment of a member in the manner provided in the concurrent resolution here involved, under the grant of power of Article 5, § 17 and Article 3, § 10 of the Louisiana Constitution of 1921.
But the legislature made no such provision. Its only reference to contempt punishment cited Article III, Section II, which we believe means Article III, Section 11, which deals only with punishment of non-members of the legislature. This reference, and the failure to mention the punishment of members under Article 3, § 10, is convincing that the legislature did not intend that this committee be delegated the power to punish a member for contempt. The judgment of the district court ought to be reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9689866. Public record. Not legal advice.