RULE XXIV. DETERMINATION OF INABILITY OF STATEWIDE ELECTED OFFICIAL TO DISCHARGE THE POWERS AND DUTIES OF HIS OFFICE

Section 1. The Judiciary Commission of Louisiana is designated as the board of inquiry to hold hearings, gather evidence, and make recommendations to the court as an aid to the court in determining the issue of inability or recovery from inability of a statewide elected official to discharge the powers and duties of his office.

Section 2. Within seventy-two hours of receipt by this court of the resolution adopted by each house of the legislature declaring that probable justification for a determination of inability exists, the Judiciary Commission of Louisiana shall convene and proceed forthwith to hold a hearing and gather evidence on the issue of inability.

Section 3. Unless otherwise provided by this court, hearings and proceedings before the board and before this court under Section 18(D) and (E) of Article IV of the Constitution shall be conducted in a manner consistent with applicable provisions of Rule XXIII of this court and the rules of the Judiciary Commission of Louisiana, except that hearings and proceedings shall not be confidential but shall be open and public and except insofar as the delay provisions are inconsistent with the delay provisions contained herein.

Section 4. Within forty-eight hours after the conclusion of the taking of evidence by the Judiciary Commission, it shall transmit a transcript of the proceedings together with written findings and recommendations to this court.

Section 5. Within seventy-two hours after receiving the transcript and written findings and recommendations of the Judiciary Commission, this court shall determine the issue of inability, unless this period is extended by order of this court stating the reasons therefor.

Section 6. When reconsidering a judgment of this court affirming inability, the court may do so with or without referring the matter to the Judiciary Commission for further hearing and gathering of evidence and with or without conducting a hearing of its own.