Louisiana 2010 Regular Session

Louisiana House Bill HB1386 Latest Draft

Bill / Chaptered Version

                            ENROLLED
Page 1 of 13
ACT No. 61
Regular Session, 2010
HOUSE BILL NO. 1386
BY REPRESENTATIVES FANNIN AND TUCKER AND SENATORS CHAISSON AND
MICHOT
AN ACT1
To appropriate funds to defray the expenses of the Louisiana Judiciary, including the2
Supreme Court, Courts of Appeal, District Courts, Criminal District Court of Orleans3
Parish, and other courts; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.A. The sum of One Hundred Sixty-Three Million Two Hundred Nineteen6
Thousand One Hundred Two and No/100 ($163,219,102.00) Dollars, or so much thereof as7
may be necessary, is hereby appropriated to defray the expenses of the judiciary, including8
the Supreme Court, Courts of Appeal, the District Courts, the Criminal District Court of9
Orleans Parish, and of the other courts.10
B. The total amount herein appropriated is hereby allocated to provide as follows:11
03-8170   SUPREME COURT12
Program Description: The Supreme Court has general supervisory jurisdiction over all lower courts.13
It may establish procedural and administrative rules not in conflict with law and may assign a sitting or14
retired judge to any court. The Supreme Court has sole authority to provide by rule for appointments of15
attorneys as temporary or ad hoc judges. It considers applications for writs to review individual  cases,16
and has criminal and other appellate jurisdiction. The Supreme Court has exclusive original jurisdiction17
of disciplinary proceedings against lawyers, recommendations of the Judiciary Commission of Louisiana18
for the discipline of judges, and fact questions affecting its appellate jurisdiction. It has inherent authority19
to regulate the legal profession and to promulgate and update the Code of Judicial Conduct. The court20
also provides judicial training through the Judicial College and works to improve the administration of21
justice.22
Mission Statement:  The mission of the Supreme Court of Louisiana is to protect23
and promote the rule of law, to ensure public trust, to use public resources24
efficiently, to ensure the highest professional conduct, integrity, and competence25
of both the bench and the bar, and to ensure the proper administration and26
performance of all courts under its authority.27
Goal: To protect the rule of law.28
Objective: To provide a reasonable opportunity for litigants to seek review in the29
Supreme Court of decisions made by lower tribunals.30
General Performance Information:31
2007 2008 200932
Total Filings	2,497 3,014 2,78033
Total Appeals Filed	16 15 1434
Total Writs Filed	2,320 2,843 2,56435
Total Dispositions Rendered 2,645 2,834 2,80136 ENROLLEDHB NO. 1386
Page 2 of 13
Goal: To promote the rule of law.1
Objective: To resolve cases in a timely manner.2
General Performance Information:3
2007 2008 20094
Percentage of noncriminal case5
applications acted on within Supreme6
Court standard of 120 days of filing93.1% 91.4% 92.2%7
Percentage of criminal case applications8
acted on within Supreme Court9
standard of 120 days of filing 29.3% 35.4% 38.2%10
Percentage of pro se post conviction11
applications acted on within Supreme12
Court standard of 120 days of filing7.7% 35.3% 11.8%13
Percentage of bar disciplinary filings14
acted upon within Supreme Court15
standard of 120 days of filing 62.9% 70.5% 76.5%16
Percentage of opinions rendered within17
Supreme Court standard of 84 days 18
from argument	70.0% 74.4% 81.3%19
Goal: To ensure the public trust.20
Objective: To facilitate public access to Supreme Court decisions.21
General Performance Information:22
2007 2008 200923
Percentage of written opinions available24
to the public within 5 days of decision100% 100% 100%25
Objective: To inform the public of operations and activities.26
General Performance Information:27
2007 2008 200928
Number of outreach programs	65 59 6729
Number of media releases on court decisions82 82 8130
Number of media releases on other matters19 26 2631
Number of recipients of releases on 32
court decisions	64 60 1,10333
Number of recipients of releases on other34
matters	3,048 5,155 5,14435
Objective: To ensure the highest professional conduct, integrity, and competence36
of the bench.37
General Performance Information:38
2007 2008 200939
Average number of hours acquired40
through continuing legal education 41
per judge	37.58 34.19 34.9642
Number of complaints filed against43
judges and justices of the peace 531 818 66444
Number of complaints against judges45
and justices of the peace resolved or46
disposed of in the calendar year 579 563 69047
Objective: To ensure the highest professional conduct, integrity, and competence48
of the bar.49
General Performance Information:50
2007 2008 200951
Average number of hours acquired through52
continuing legal education per lawyer19.89 15.48 15.0353
Number of complaints filed against lawyers2,712 3,096 3,12854
Number of complaints filed against lawyers55
resolved or disposed of in calendar year1,436 1,726 3,06856
Payable out of the State General Fund:57
01 Salaries of Chief Justice and six (6)58
Associate Justices of the Supreme Court,59
as provided by R.S. 13:102	$ 970,48060 ENROLLEDHB NO. 1386
Page 3 of 13
02 Salaries and other expenses of the1
Supreme Court Proper and salary of2
the Crier of the Supreme Court	$10,199,8153
03 Expenses of Judicial Administrator's4
Office and of the Judiciary Commission 5
provided for in Article V, Section6
25 of the Constitution of Louisiana and7
under the provisions of R.S. 13:32 et seq.8
A.Expenses of Judicial Administrator's Office $4,560,0819
Program Description: The Judicial Administrator's Office assists the Supreme Court in the administration10
of the state court system. It staffs the Judicial Council and the Judiciary Commission of Louisiana.11
Through the Judicial Council, it performs studies and makes recommendations for the creation of new12
judgeships and for improving the administration of justice. The Judicial Administrator's Office provides13
payroll and other fiscal services to the Judiciary, including the administration of a judicial retirement14
system, and support for the Supreme Court and Appellate Court human resource system.  The Judicial15
Administrator's Office provides technological services to courts and manages the Trial Court Case16
Management Information System. It also manages the ad hoc judgeship system, and monitors cases under17
advisement. The Judicial Administrator's Office provides outreach services to state and local courts, staffs18
the Committee on Judicial Ethics, and performs numerous legal services for the Supreme Court and the19
Judiciary.20
B.Expenses of Judiciary Commission	$1,884,48921
Program Description: The Judiciary Commission of Louisiana is a constitutional body established under22
Article V, Section 25 of the Constitution of 1974 to accept, screen, investigate, and prosecute complaints23
of judicial misconduct.  As part of its authority, it may recommend to the Supreme Court the censure,24
suspension, removal from office, or involuntary retirement of any judge for ethical misconduct.25
C.Court Reporters as required by R.S. 13:981	$ 348,17426
D.Dues to National Center for State Courts $ 138,82927
04 Expenses of Committee on Professional28
Ethics and Grievances including29
disbarment proceedings, R.S. 37:211 et seq. $ 3,00030
05 Compensation and expenses of retired31
judges assigned under Article V,32
Section 5(A) of the Constitution of33
Louisiana, be it more or less estimated at $1,380,56034
06 Law Library of Louisiana for salaries,35
services, supplies, maintenance, repairs,36
and equipment	$1,972,06637
Program Description: The Law Library of Louisiana was created by an Act of the Legislature in 185538
to serve the legal information needs of the public, the state judiciary, and the bar.  39
07 Salaries and expenses of transferred40
judges assigned under Article V,41
Section 5(A) of the Constitution,42
be it more or less estimated at	$ 189,15943
08 Retirement pay for services rendered by44
justices and judges of all courts, as45
provided by R.S. 11:1358 and46
R.S. 13:103	$1,562,35447 ENROLLEDHB NO. 1386
Page 4 of 13
09 Pensions for widows of justices and1
judges of all courts, as provided by2
R.S. 11:1371 and R.S. 11:1381, be it3
more or less estimated at	$1,639,3944
10 Judicial College	$ 225,6685
Program Description: The Judicial College was established by order of the Supreme Court in 1976 to6
provide continuing legal education to Louisiana judges.7
11 State contribution to judicial8
retirement provided for in Article V,9
Section 23 of the Constitution and10
R.S. 11:551 et seq., be it more or11
less estimated at	$8,808,61112
12 Civil commitment matters as13
required by R.S. 28:54	$ 143,42414
13 Paul M. Hebert Law Center for the expenses15
of storage of appellate court records	$ 60,00016
14 Funding for statewide operations of the17
Louisiana Protective Order Registry18
(R.S. 46:2136.2) under the Case 19
Management Information System	$1,696,37120
15 Payable out of the State General Fund for the21
expenses associated with the operation of the22
Families in Need of Services Program (FINS)	$2,010,94023
Program Description: The mission of the FINS Assistance Program is to assist local FINS processes by24
developing and implementing a needs-based allocation formula; developing, implementing, and mandating25
the use of a uniform data system for tracking, managing, and reporting FINS informal cases; developing26
and mandating the use of programmatic standards; developing, implementing, and reporting performance27
indicators and measures; requiring and monitoring periodic fiscal reports and financial accountability;28
and, generally supervising and assisting local FINS processes in other ways.29
16 Drug court maintenance and enhancement $12,514,45330
Program Description: Drug treatment courts, authorized in 1977 by R.S. 13:5301 through R.S. 13:5304,31
provided integrated substance abuse treatment, sanctions, and incentives with case processing to place32
low-level, nonviolent drug-involved defendants in community-based, judicially supervised rehabilitation33
programs. Clients are regularly tested and monitored for compliance with educational, employment, and34
treatment requirements set by the court.35
17 Court Appointed Special Advocates	$3,537,50136
Program Description: The purpose of the CASA Assistance Program is to promote timely placement of37
children in need of care in permanent, safe and stable homes, in accordance with the provisions of38
Children’s Code articles 424-426. Services are provided through local CASA programs which recruit,39
screen, train and supervise community advocates. Upon appointment by the trial judge, qualified40
advocates serve children by providing independent factual information to the judge, advocating for the best41
interest of the children, monitoring cases to which they have been assigned, and advising and assisting the42
judge in the determination of the best interest of the children involved.43
TOTAL - GENERAL FUND	$53,845,36944
18 Administrative expenses of the office45
of the Clerk of the Louisiana Supreme46
Court attributable to the selection47
process of attorney chairman of the48
Medical Review Panel as provided49
for in R.S. 40:1299.47 to be paid out50
of the Patient's Compensation Fund	$ 10,00051 ENROLLEDHB NO. 1386
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19 Payable out of the State General Fund1
from Statutory Dedications, Judges'2
Supplemental Compensation Fund,3
R.S. 13:10.3, be it more or less4
estimated at	$6,000,0005
Program Description: The Judges' Supplemental Compensation Fund was established by the Legislature6
in 1985 to fund salary supplements and salary-related expenses to judges and commissioners. The funding7
source is a non-refundable filing fee assessed on civil filings as provided in R.S. 13:10.3.8
20 Payable out of the State General Fund9
from Statutory Dedications, Trial Court10
Case Management Information Fund, for11
the Case Management Information System,12
Article 887(F) of the Code of Criminal13
Procedure, be it more or less estimated at $3,325,90414
Program Description: The Case Management Information System (CMIS) was created by the Supreme15
Court in 1993 to provide a statewide information system for tracking and managing criminal, civil,16
juvenile, traffic, and appellate cases as well as protective orders. Data is received from courts statewide,17
transferred to the CMIS repository, and made available to courts and  executive branch agencies.18
Additional information will also be available from the Department of Public Safety & Corrections. CMIS19
is funded from a court cost assessed on all criminal and traffic convictions as provided under C.Cr.P.20
887(F). 21
TOTAL - STATE GENERAL FUND 22
BY STATUTORY DEDICATIONS	$9,335,90423
21 Drug court maintenance and enhancement, payable 24
out of the State General Fund through Interagency25
Transfers from the Department of Social Services$6,000,00026
22 Court Appointed Special Advocates, payable out of27
the State General Fund through Interagency Transfers28
from the Department of Social Services $4,670,00029
TOTAL - STATE GENERAL FUND 30
THROUGH INTERAGENCY TRANSFER	$10,670,00031
TOTAL SUPREME COURT	$73,851,27332
03-8171  COURTS OF APPEAL33
Program Description: The five courts of appeal, domiciled in Baton Rouge, Shreveport, Lake Charles,34
New Orleans, and Gretna, have supervisory jurisdiction over all cases arising within their respective35
circuits, subject to the general supervisory jurisdiction of the Supreme Court. Each court of appeal also36
has appellate jurisdiction over all civil matters, all matters appealed from family and juvenile courts, and37
all criminal cases triable by a jury which arise within its circuit, except for those cases appealable directly38
to the Supreme Court or to the district courts.39
Mission Statement:  The mission of the appellate courts of Louisiana is to provide40
meaningful access to all who seek review under the Courts’ appellate and41
supervisory jurisdiction granted by the Louisiana Constitution while protecting and42
promoting the rule of law, preserving the public trust, and using public resources43
efficiently.44
Goal: To protect the rule of law.45
Objective: To provide a reasonable opportunity for multi-judge review of46
decisions made by lower tribunals.47
General Performance Information:48
2007 2008 200949
Total appeals filed	2,790 2,671 2,59750
Total writs filed	5,111 5,402 5,04351
Total dispositions rendered 7,586 6,676 6,91352
Goal: To promote the rule of law.53 ENROLLEDHB NO. 1386
Page 6 of 13
Objective: To resolve cases expeditiously.1
General Performance Information:2
2007 2008 20093
Average number of days from lodging of the 4
appeal to argument: 5
Time Standard = no more than 175 days.6
Criminal cases	137 145 1507
Civil cases	153 140 1478
Total	145 142 1489
Average number of days from argument to 10
rendering of the opinion: 11
Time Standard = no more than 70 days.12
Criminal cases	36 37 3713
Civil cases	37 43 3914
Total	36 40 3815
Goal: To preserve public trust.16
Objective: To facilitate public access to the decisions of the courts of appeal.17
General Performance Information:18
2007 2008 200919
Percentage of written opinions available20
to the public within 5 days of decision100% 100% 100%21
Payable out of the State General Fund:22
01 Salaries of fifty-three (53) Judges of23
the Courts of Appeal, R.S. 13:311	$6,949,32824
02 Salaries and expenses of operation and25
maintenance of the Court of Appeal,26
First Circuit	$9,474,08827
03 Salaries and expenses of operation and28
maintenance of the Court of Appeal,29
Second Circuit	$5,389,00630
04 Salaries and expenses of operation and31
maintenance of the Court of Appeal,32
Third Circuit	$8,414,46433
05 Salaries and expenses of operation and34
maintenance of the Court of Appeal,35
Fourth Circuit	$7,460,46636
06 Salaries and expenses of operation and37
maintenance of the Court of Appeal,38
Fifth Circuit	$5,613,34439
TOTAL COURTS OF APPEAL	$43,300,69640 ENROLLEDHB NO. 1386
Page 7 of 13
03-8172   DISTRICT COURTS1
Program Description: There are forty-one district courts in Louisiana that have general jurisdiction over2
all matters within their territorial limits, except in those judicial districts (the 1st, the 19th, and the 24th3
Judicial Districts) where family and juvenile courts have exclusive jurisdiction over certain types of cases4
and except in Orleans Parish where there are separate courts exercising civil, criminal, and juvenile5
jurisdictions, respectively. In certain cases, the forty-one general jurisdiction courts have concurrent6
jurisdiction with justices of the peace and parish courts. The district courts generally have appellate7
jurisdiction of criminal cases tried by city, parish, municipal, traffic, and mayors' courts, except in certain8
cases. The district courts also have appellate jurisdiction over justices of the peace in parishes where no9
parish courts exist. The Civil District Court of Orleans Parish has jurisdiction of all civil cases in that10
parish.  The Criminal District Court of Orleans Parish has jurisdiction over all criminal cases in the11
parish. It also has general supervisory jurisdiction over the municipal and traffic courts in Orleans12
Parish. The Family Court of East Baton Rouge Parish has exclusive jurisdiction of many domestic cases13
in the parish. The four juvenile courts located in Caddo, East Baton Rouge, Jefferson, and Orleans14
parishes have exclusive jurisdiction of juvenile cases in their respective parishes.15
Mission Statement:  The mission of the trial courts of Louisiana is to provide16
access to justice, to meet all responsibilities in a timely and expeditious manner, to17
provide equality, fairness, and integrity in their proceedings, to maintain judicial18
independence and accountability, and to reach a fair and just result by adherence19
to the procedural and substantive law, thereby instilling trust and confidence in the20
public.21
Goal: To establish a more open and accessible system of justice.22
Objective: To encourage responsible parties to make court facilities safe,23
accessible, and convenient.24
General Performance Information:25
2007 2008200926
Percentage of surveyed district court chief judges indicating 27
actions taken in FY 2008-2009 to improve compliance with28
the Americans with Disabilities Act (ADA) 79.2% 74.5%93.5%29
Objective:   To encourage all responsible public bodies and public officers to30
make the costs of access to the trial court’s proceedings and records - whether31
measured in terms of money, time, or the procedures that must be followed -32
reasonable, fair, and affordable.33
General Performance Information:34
2007 2008200935
Percentage of surveyed district court chief judges indicating36
actions taken in FY 2008-2009 to assist pro se litigants79.2% 95.7%100%37
Goal:  To meet all responsibilities to everyone affected by the court and its38
activities in a timely and expeditious manner.39
Objective: To encourage timely case management and processing.40
General Performance Information:41
2007 2008200942
Number of parishes reporting criminal disposition43
data to CMIS	59 59    5544
Percentage of parishes reporting criminal disposition 45
data to CMIS	92.1% 92% 85.9%46
Percentage of surveyed district court chief judges47
indicating that their courts had taken steps within48
FY 2008-2009 to reduce delays and improve the49
 timeliness of case processing	99.7% 95.7%97.9%50
51
Objective: To enhance jury service.52
General Performance Information:53
2007 2008200954
Percentage of surveyed district court chief judges indicating55
that their court had taken steps within FY 2008-200956
to make jury service more convenient or effective99.6% 76.2%100%57 ENROLLEDHB NO. 1386
Page 8 of 13
Goal:  To provide due process and equal protection of the law to all who have1
business before the court; and to demonstrate integrity in all procedures and2
decisions.3
Objective: To recognize new conditions or emerging events and to adjust court 4
operations as necessary.5
General Performance Information:6
2007 200820097
Percentage of surveyed district court chief judges indicating 8
actions taken in FY 2008-2009 to improve  employee 9
training and development	99.7% 89.4%100%10
Percentage of surveyed district court chief judges indicating 11
actions taken in FY 2008-2009 to install or implement12
technologies	99.9% 91.5%97.9%13
Goal:  To maintain judicial independence, while observing the principle of comity14
in its governmental relations and accountability to the public.15
Objective: To inform the community of the court's structure and function.16
General Performance Information:17
2007 2008200918
Percentage of surveyed district court chief judges indicating19
that their courts regularly provided public education20
and public outreach services in FY 2008-200999.8% 100% 97.9%21
22
Payable out of the State General Fund:23
01 Salaries of one hundred ninety-one24
(191) District Judges as provided25
by R.S. 13:691	$23,787,82726
02 Office and travel expenses of District27
Judges as provided by R.S. 13:694	$1,292,60028
03 Salaries of fourteen (14) Judges of29
Civil District Court, Orleans Parish,30
as provided by R.S. 13:691	$1,743,61131
04 Expenses of Judges of Civil District32
Court, Parish of Orleans, for salaries33
of stenographers, clerks, law books,34
stationery, telephone, and like expenses35
as provided by R.S. 13:694	$ 78,40036
05 Salaries of two (2) Court Reporters37
of the Twentieth Judicial District Court,38
including retirement contributions, as39
provided by R.S. 13:966.1	$ 104,12340
06 Clerk of Civil District Court, Orleans41
Parish, as provided by R.S. 13:1212(A) 	$ 10,00042
07 State share of Group, Workers'43
Compensation, General Liability,44
and Property Insurance Premiums45
as provided by R.S. 42:851	$6,369,42646
08 Salaries of two (2) commissioners of47
the Nineteenth Judicial District and48
one (1) commissioner of the Fifteenth49
Judicial District as provided by50
R.S. 13:712 and R.S. 13:715,51
respectively	$ 442,68252 ENROLLEDHB NO. 1386
Page 9 of 13
09 Office expenses for the Judicial1
Expense Fund of the Nineteenth Judicial2
District Court as provided by3
R.S. 13:711-713	$ 437,7084
10 Office expenses for the Judicial5
Expense Fund of the Fifteenth6
Judicial District Court as provided7
by R.S. 13:714-716	$ 270,4208
11 Law Clerk, Twentieth Judicial District9
Court as provided by Act 747 of 1977	$ 43,73510
12 For the expenses of the Judicial Expense11
Fund, Tenth Judicial District Court as 12
provided by Act 57 of 2006	$ 35,00013
SUBTOTAL	$34,615,53214
13 Criminal Court - Parish of Orleans15
Program Description: The Criminal District Court for the Parish of Orleans has exclusive jurisdiction16
of the trial and punishment of all crimes, misdemeanors, and offenses committed within the parish of17
Orleans, if the jurisdiction is not vested by law in some other court. The court, through its magistrate and18
with assistance from its commissioners, has the power of committing magistrates in all felony charges and19
the power to hold preliminary examinations, with authority to bail or discharge, or to hold for trial, in all20
cases before the court. The court has appellate jurisdiction of all cases tried before the Municipal Court21
of New Orleans and the Traffic Court of New Orleans and has general supervisory jurisdiction over these22
courts.23
A.Salaries of thirteen (13) District Judges of 24
Criminal Court, Orleans Parish as provided 25
by R.S. 13:691	$1,619,06726
B.Office expenses of Judges of Criminal Court, 27
Orleans Parish and the state's share of group 28
insurance for the personnel of Criminal Court as29
provided by R.S. 13:694 and R.S. 42:851, respectively $ 664,64230
C.Salaries of thirteen (13) minute clerks as provided31
by R.S. 13:1373.1	$ 251,96932
D.Salaries of twenty-six (26) court reporters as33
provided by R.S. 13:1373.1 	$ 389,47434
E.Salaries of four (4) commissioners of Criminal 35
Court, Orleans Parish, including related benefits36
as provided by R.S. 13:1347	$ 370,93337
F.Office and travel expenses of commissioners as 38
provided by R.S. 13:1347	$ 10,00039
G.Salaries of four (4) minute clerks, one for each 40
commissioner as provided by R.S. 13:1347	$ 63,20941
H.Salaries of four (4) court reporters, one for each 42
commissioner as provided by R.S. 13:1347	$ 47,61143
I.Salaries of Judicial Administrator, and assistants, 44
including related benefits	$ 881,71245
J.Salaries of thirteen (13) law clerks	$ 633,04146
K.Salaries of four (4) secretaries	$ 183,45547 ENROLLEDHB NO. 1386
Page 10 of 13
L.Sanity Commissions	$ 163,9561
M.Board of Jury Commissioners	$ 354,6902
SUBTOTAL	$5,633,7593
14 Juvenile and Family Court Judges4
A.Salaries of fourteen (14) Juvenile Court5
Judges as provided by R.S. 13:691	$1,743,6116
B.Salaries of four (4) Family Court Judges 7
as provided by R.S. 13:691	$ 498,1758
C.Office expenses of Juvenile and Family9
Court Judges as provided by R.S. 13:694	$ 100,80010
SUBTOTAL	$2,342,58611
TOTAL DISTRICT COURTS	$42,591,87712
03-8173 OTHER COURTS - SALARIES AND OFFICE EXPENSES AS REQUIRED13
BY STATUTE14
Program Description: The category includes forty-seven city courts, one municipal court (New Orleans),15
one traffic court (New Orleans), and one parish court (Ascension Parish).16
Mission Statement:   The mission of the city and parish courts of Louisiana is to17
provide access to justice, to meet all responsibilities in a timely and expeditious18
manner, to provide equality, fairness and integrity in their proceedings, to maintain19
judicial independence and accountability, and to reach a fair and just result by20
adherence to the procedural and substantive law, thereby instilling trust and21
confidence in the public.22
Goal:  To establish a more open and accessible system of justice.23
Objective:  To encourage all responsible public bodies and public officers to make24
the costs of access to the court’s proceedings and records - whether measured in25
terms of money, time, or the procedures that must be followed - reasonable, fair,26
and affordable.27
General Performance Information:28
2007 2008 200929
Percentage of surveyed city/parish court chief judges indicating30
actions taken in FY 2008-2009 to assist  pro31
se litigants	99.6% 91.2% 98.1%32
Goal:   To meet all responsibilities to everyone affected by the court and its 33
activities in a timely and expeditious manner.34
Objective:  To encourage timely case management and processing.35
General Performance Information:36
2007 2008 200937
Percentage of surveyed city/parish court chief judges38
indicating that their courts had taken steps within39
FY 2008-2009 to reduce delays and improve the40
timeliness of case processing	99.7% 88% 94.2%41
42
Goal:   To maintain judicial independence, while observing the principle of comity43
in its governmental relations and accountability to the public.44
Objective: To inform the community of the court’s structure and function.45
General Performance Information:46
2007 2008 200947
Percentage of surveyed city/parish court chief judges indicating that48
their courts regularly provided  public education and public49
outreach services in FY 2008-2009 99.8% 95.9% 94.2%50 ENROLLEDHB NO. 1386
Page 11 of 13
Objective:   To recognize new conditions or emerging events and to1
adjust court operations as necessary.2
General Performance Information:3
2007 2008 20094
Percentage of surveyed city/parish court chief judges indicating5
actions taken in FY 2008-2009 to improve6
employee training and development 99.9% 88% 92.3%7
Percentage of surveyed city/parish court chief judges indicating8
actions taken in FY 2008-2009 to install or 9
implement technologies	99.7% 86.3% 94.2%10
Payable out of the State General Fund:11
01 Salaries of sixty (60) City Court12
Judges as provided by R.S. 13:1875	$2,412,71413
02 Salaries of four (4) Municipal, four (4)14
Traffic and one (1) Parish Court15
Judges as provided by R.S. 13:2492,16
13:2501.1, and 13:2563.5, respectively $ 389,15617
TOTAL OTHER COURTS REQUI RED BY STATUTE	$2,801,87018
03-8174 OTHER COURTS - SALARIES AND OFFICE EXPENSES NOT19
REQUIRED BY STATUTE20
Payable out of the State General Fund:21
01 Orleans Parish Juvenile Protective22
Care Monitoring Program	$ 552,22623
Program Description:  The program tracks and monitors child abuse and neglect cases in the Orleans24
Parish Juvenile Court. It also provides assistance in support of the Families in Need of Services Program.25
02 Orleans Parish Juvenile Court Reporters $ 91,16026
03 For the expenses of the Judges'27
Assistance Program	$ 30,00028
Program Description: The Judges' Assistance Program provides counseling and other assistance to29
judges with substance abuse problems.30
TOTAL OTHER COURTS NOT REQUI RED BY STATUTE	$ 673,38631
Section 2. The appropriations, and the allocations of such appropriations, from the State32
General Fund (Direct) contained in Section 1 of this Act shall be reduced by a total amount33
of Eight Million Eight Hundred Fifty Thousand Seven Hundred Sixty-Four and No/10034
($8,850,764.00) Dollars, pursuant to a plan adopted by the Judicial Budgetary Control Board35
or as approved by the Louisiana Supreme Court.36
Section 3.A. The Chief Justice of the Supreme Court, or her duly authorized and37
appointed agent, shall warrant the state treasurer for the allocations herein provided, or for38
so much thereof as may be necessary.  The aforesaid warrant shall be paid out of the state39
general fund, and the state treasurer shall pay said warrant by preference over all other40
warrants, except warrants for the salaries of constitutional officers of the state and warrants41 ENROLLEDHB NO. 1386
Page 12 of 13
for expenses of the legislature, which shall be concurrent with the warrant provided by this1
Act.2
B.  The funds drawn as provided herein shall be deposited in the name of the judiciary3
in an approved bank that has been selected by the Supreme Court and is located in the state.4
C. Any funds herein allocated to the judiciary, any portion of the funds previously5
appropriated to the judiciary, other revenue of the judiciary or its agencies, and interest6
earnings, are hereby appropriated and may be used to defray the expenses of the judiciary;7
however, all funds remaining unexpended or unencumbered shall be returnable to the state8
general fund on or before September 1, 2011. 9
D. For Fiscal Year 2010-2011, any surpluses occurring in the appropriations made in10
this Act may be transferred from one agency or line-item to another during the fiscal year11
in accordance with the rules of the Judicial Budgetary Control Board, or as approved by the12
Supreme Court. 13
E. The adjustment to be made in the salaries of judicial employees and the number of14
authorized positions of the judiciary shall be as decided by the judicial agency affected,15
subject to the approval of the Judicial Budgetary Control Board or as approved by the16
Supreme Court.17
F. The program descriptions, general performance information and indicators,18
objectives, goals, and mission statements contained in this Act are not part of the law and19
are not enacted into law by virtue of their inclusion in this Act.  The missions, goals, and20
objectives contained in the Act are derived from performance standards established by21
Section 10 of Part G General Administrative Rules of the Supreme Court of Louisiana.22
G. The inclusion in this Act of staff salaries and benefits for lower court or other judicial23
branch agency employees shall not be deemed to create or impose any obligation upon the24
State of Louisiana Judicial Branch, the Supreme Court of Louisiana, the Judicial Budgetary25
Control Board, or the Supreme Court Judicial Administrator's Office relative to the26
administration of pay, retirement or other benefits to any such employees.  Accordingly, the27
State of Louisiana Judicial Branch, the Supreme Court of Louisiana, the Judicial Budgetary28
Control Board, and the Supreme Court Judicial Administrator's Office are not to be29
considered the "employer" or "employing agency" of lower court or other judicial agency30
employees whose staff salaries and other benefits are included in this Act.31 ENROLLEDHB NO. 1386
Page 13 of 13
Section 4. This Act shall become effective on July 1, 2010; if vetoed by the governor1
and subsequently approved by the legislature, this Act shall become effective on July 1,2
2010, or on the day following such approval by the legislature, whichever is later.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: