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Regular Session, 2010
HOUSE BILL NO. 1289
BY REPRESENTATIVE THIERRY
COURTS/JUSTICE OF PEACE: Provides for the appointment of a deputy constable
AN ACT1
To amend and reenact R.S. 49:251.1(A), (B), and (G) and to enact R.S. 13:2583.5 and R.S.2
49:251.1(H), relative to the appointment of a deputy constable in St. Landry Parish,3
District 8, Ward 4; to authorize a constable of a justice of the peace court in St.4
Landry Parish to appoint a deputy; to provide for compensation; to provide for5
qualifications of office; to provide for residency requirements; to provide for6
prohibitions; to provide for training applicable to each appointed deputy constable;7
to require notification to the office of the attorney general when a deputy constable8
is appointed; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 13:2583.5 is hereby enacted to read as follows: 11
§2583.5. Deputies; oath; compensation; St. Landry Parish12
A. A duly elected constable of a justice of the peace court in St. Landry13
Parish, District 8, Ward 4, may appoint one deputy constable, if necessary, for whose14
acts the constable shall be responsible. Before engaging in his duties, each deputy15
shall take the oath required by the constitution and the laws of this state. Any deputy16
constable appointed pursuant to the provisions of this Section shall not be entitled17
to any compensation from any local governing body or political subdivision, other18
than the constable's office, and shall not be entitled to any compensation from the19
state. Each constable may fix the compensation of his deputy. He may pay from the20 HLS 10RS-2303 ENGROSSED
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fees generated by his office any compensation due to the deputy, the premiums on1
bonds required by him of a deputy in charge of public funds, insurance premiums,2
and any expenses necessary for the performance of duties required of the deputy. He3
may issue monthly or twice per month, at his discretion, to the deputy, warrants or4
checks for the amounts due to him.5
B. Each deputy constable authorized by the provisions of this Section shall6
have the same qualifications as required by law for a constable of a justice of the7
peace court. The deputy constable shall be a resident of St. Landry Parish, but need8
not be a resident of the ward from which the constable is elected.9
C. The provisions of this Section shall have no effect on nor limit the10
authority of a justice of the peace to appoint a special deputy constable pursuant to11
the provisions of R.S. 13:3477.12
Section 2. R.S. 49:251.1(A), (B), and (G) are hereby amended and reenacted and13
R.S. 49:251.1(H) is hereby enacted to read as follows: 14
§251.1. Justice of the peace training course15
A. The attorney general of the state of Louisiana, within six months from the16
date justices of the peace and constables take office and once a year thereafter and17
within six months from the date a deputy constable is appointed and once a year18
thereafter, shall conduct courses of training and education for persons elected to full19
terms to the offices of justice of the peace and constable or appointed as a deputy20
constable. Such courses of training shall be known as the Justice of the Peace21
Training Course, which may be conducted in various sections of the state at places22
designated by the attorney general.23
B. Newly elected justices of the peace and constables must attend the first24
training course available after they take office. Every deputy constable shall attend25
the first training course available after appointment as a deputy constable. Every26
justice of the peace, and constable, and deputy constable shall attend at least one of27
the training courses every other year, and a justice of the peace or constable who fails28 HLS 10RS-2303 ENGROSSED
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to do so shall not earn or receive state supplemental pay for his office until he attends1
a course and receives a certificate of completion from the attorney general.2
* * *3
G. At the conclusion of the Justice of the Peace Training Course, the attorney4
general shall present to each justice of the peace, and constable, and deputy constable5
who has attended the full course a certificate of completion prepared by him and6
bearing his signature.7
H. After a constable of a justice of the peace court appoints a deputy8
constable, the constable shall promptly notify the office of the attorney general in9
writing of the appointment and termination of the appointment.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Thierry HB No. 1289
Abstract: Authorizes a constable of a justice of the peace court in St. Landry Parish,
District 8, Ward 4, to appoint one deputy constable and requires training for deputy
constables.
Proposed law authorizes a duly elected constable of a justice of the peace court in St. Landry
Parish, District 8, Ward 4, to appoint one deputy constable.
Proposed law authorizes the constable to fix the compensation of his deputy and to pay from
the fees generated by his office any compensation due to the deputy, the premiums on bonds
required by him of a deputy in charge of public funds, insurance premiums, and any
expenses necessary for the performance of duties required of the deputy.
Proposed law prohibits a deputy constable from being paid any compensation from any local
governing body or political subdivision, other than the constable's office, and provides that
a deputy constable shall not be entitled to any compensation from the state.
Proposed law requires each deputy constable to have the same qualifications as required by
law for a constable of a justice of the peace court and requires the deputy constable to be a
resident of St. Landry Parish.
Present law requires the office of the attorney general, within six months from the date
justices of the peace and constables take office and once a year thereafter to conduct courses
of training and education for persons elected to full terms to the offices of justice of the
peace and constable.
Present law requires newly elected justices of the peace and constables to attend the first
training course available after they take office and to attend at least one of the training
courses every other year. HLS 10RS-2303 ENGROSSED
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Present law requires the attorney general to present to each justice of the peace and constable
who has attended the full course a certificate of completion prepared by him and bearing his
signature.
Proposed law provides that these provisions of present law shall also apply to deputy
constables.
Proposed law requires a constable of a justice of the peace court who has appointed a deputy
constable to promptly notify the office of the attorney general in writing of the appointment
and termination of the deputy constable.
(Amends R.S. 49:251.1(A), (B), and (G); Adds R.S. 13:2583.5 and R.S. 49:251.1(H))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Specified that the authority to appoint a deputy constable in St. Landry Parish is
limited to the constable in District 8, Ward 4.
2. Added the requirement that a deputy constable participate in the attorney
general's Justice of the Peace Training Course.
3. Provided for specified times for attendance by the deputy constable to the
training course and continued training every other year.
4. Required the constable to promptly notify the office of the attorney general in
writing of the appointment and termination of a deputy constable.