A. When a judge of a parish or city court recuses himself or is recused, another judge of the same court shall be appointed to try the cause, if that court has more than one division. The manner in which the judge is selected to try the cause shall be provided by rule of court. In all other cases, an ad hoc judge shall be appointed by the supreme court to try the cause. B. When a justice of the peace recuses himself, another justice of the peace shall be appointed by the supreme court to try the cause.
Art. 4864.Appointment of Judge Ad Hoc After Recusal
Book VIII. Trial Courts of Limited Jurisdiction · Title I. General Dispositions · Chapter 3. Recusal of Judges; Appointment of Judges Ad Hoc · Last amended 2021 · Last verified July 30, 2026
In one sentenceArticle 4864 provides a replacement judge once recusal is granted: another division judge chosen by a rule of court in a multi-division parish or city court, an ad hoc judge the supreme court appoints in any other court, and another justice of the peace the supreme court appoints when a justice of the peace recuses.
Full Text of Art. 4864
Amendment History
Amended by Acts 2021, No. 143, §1, eff. 8/1/2021. Acts 1979, No. 46, §1, eff. 1/1/1980.
Plain-English Summary
Article 4863 settles who decides whether a judge should be recused. Article 4864 picks up from there and answers a related but different question: once a parish or city court judge recuses, voluntarily or otherwise, or a justice of the peace does the same, who hears the case going forward?
If the court has more than one division, another judge of that same court takes over, with the manner of selecting which judge left to a rule of court — the same local-rule approach Article 4863 uses for choosing who tries the recusal motion itself. In any other parish or city court, the supreme court appoints an ad hoc judge to try the cause.
A recused justice of the peace follows its own track: the supreme court appoints another justice of the peace to take over, rather than the lawyer-eligible ad hoc appointment Article 4865 allows for a judge who is only temporarily unable to preside. Recusal permanently removes that judge from the case, so the replacement has to be a sitting judicial officer of the appropriate court, not a stand-in named by the recused judge.
Frequently Asked Questions
Who takes over a case after a parish or city court judge is recused?
Another judge of the same court if it has more than one division, chosen by a rule of court, or an ad hoc judge the supreme court appoints if it does not.
Who replaces a recused justice of the peace?
Another justice of the peace, appointed by the supreme court.
Does the recused judge get to pick their own replacement?
No. The replacement is chosen either by a rule of court, for a division judge, or by the supreme court, for an ad hoc judge or replacement justice of the peace.
Is this the same procedure used when a judge is only temporarily unable to preside?
No. That situation is handled by Article 4865, which lets the sitting judge appoint a replacement personally, including a qualified lawyer, rather than routing the choice through the supreme court.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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