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Regular Session, 2010
HOUSE BILL NO. 630
BY REPRESENTATIVE DANAHAY
COURTS/COMMISSIONERS: Provides for a commissioner for the 14
th
JDC
AN ACT1
To enact R.S. 13:723 and 724, relative to the offices of commissioner for the Fourteenth2
Judicial District Court; to establish the offices; to provide for jurisdiction; to provide3
for powers; to provide for restrictions of the powers of office; to provide for written4
waiver of restrictions by the parties; to provide for appeal procedures; to provide for5
qualifications of office; to provide for salary; to provide for retirement; to provide6
for office space and employees of the office; to provide for funding; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 13:723 and 724 are hereby enacted to read as follows: 10
§723. Commissioners for the Fourteenth Judicial District Court11
A. There are hereby created three offices of commissioner for the Fourteenth12
Judicial District Court.13
B. The commissioners shall be selected by a majority of the judges of the14
Fourteenth Judicial District and may be removed from office by a majority of those15
judges.16
C. Two of the commissioners shall have jurisdiction over civil matters17
involving domestic relations and family law only, and one commissioner shall have18
jurisdiction over criminal matters only. Each of the commissioners shall have been19
admitted to the practice of law in this state for at least five years prior to his selection20 HLS 10RS-1380 ORIGINAL
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as commissioner and shall have been domiciled in the judicial district for the two1
years preceding his selection as commissioner.2
D.(1) Except as otherwise provided in this Section, the commissioners shall3
have all of the powers of a judge of a district court. The powers of the4
commissioners shall not be inconsistent with the constitution and laws of this state,5
the constitution and laws of the United States, the rules for Louisiana district courts,6
the rules of the Fourteenth Judicial District Court, and the duties assigned to the7
commissioners by that court.8
(2) The powers of the commissioner hearing criminal matters shall include9
but shall not be limited to the power to:10
(a) Administer oaths and affirmations.11
(b) Take acknowledgments, affidavits, and depositions.12
(c) Sign orders.13
(d) Act on felony charges through arraignment; however, commissioners14
shall not accept pleas of guilty on felony charges.15
(e) Accept pleas on misdemeanor charges.16
(f) Hear preliminary motions prior to filing the bill of information or17
indictment.18
(g) Fix bail.19
(h) Sign and issue search and arrest warrants in accordance with the general20
provisions of law, including the requirement of the showing of probable cause.21
(i) Find and punish for contempt of court as a district court judge.22
(3) No party shall be ordered to appear before the commissioner for23
arraignment more than twice prior to the filing of a bill of information or indictment24
against that party. Nothing in this Paragraph shall restrict the authority of the25
commissioner to subpoena a party to appear for arraignment after a bill of26
information or indictment has been filed against that party.27
E. The powers of the civil commissioners hearing domestic and family28
matters shall include but not be limited to the power to:29 HLS 10RS-1380 ORIGINAL
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(1) Administer oaths and affidavits.1
(2) Render and sign judgments and orders confirming judgments by default2
in accordance with the general provisions of law, including the requirement of3
introducing proof sufficient to establish a prima facie case.4
(3) Grant uncontested divorces.5
(4) Implement interim child support and custody orders as follows:6
(a) A certified copy of such orders will be provided to the parties at the time7
of the court's ruling. If no objection is filed in writing with the district court judge8
having jurisdiction over the case, within seven days of rendition and notification9
either by the commissioner or through service by the clerk of court, exclusive of10
weekends and holidays, the order shall become a final judgment of the court and11
shall be signed by a judge of the Fourteenth Judicial District Court and is appealable12
as any other final judgment.13
(b) Any party who disagrees with a judgment or ruling of a commissioner14
may file a written objection thereto. The objection shall be filed within seven days15
of the judgment or ruling being received by the party either from the commissioner16
or by service through the clerk of court, exclusive of weekends and holidays, and17
shall be filed in accordance with the rules of the Fourteenth Judicial District Court.18
The objection shall be heard by the judge of the Fourteenth Judicial District Court19
to whom the matter was originally allotted.20
(c)(i) If a party objects to the ruling of the commissioner, he shall have the21
option to demand that the judge receive evidence and rule on the matter.22
(ii) Otherwise, the judge may decide the objection based on the record of the23
proceedings before the commissioner or may receive further evidence and rule based24
on that evidence, together with the prior evidence, or may recommit the matter to the25
commissioner with instructions.26
(d) Every order given to the parties by the commissioner or served upon the27
parties by the clerk of court shall contain the following notice:28 HLS 10RS-1380 ORIGINAL
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IMPORTANT NOTICE1
This order, if not contested in writing within seven days of receipt from2
the commissioner or through service by the clerk of court, exclusive of3
weekends and holidays, will be signed by a judge of the Fourteenth4
Judicial District Court and will become a final judgment of the court.5
(5) Approve consent judgments.6
(6) Sign ex parte and emergency orders.7
(7) Find and punish for contempt of court in the same manner as a district8
court judge.9
(8) Handle preliminary disputes concerning discovery or the issuance of10
subpoenas.11
(9) Adjudicate any other domestic matter not specifically excluded in12
Subsection F.13
F. Except as provided in this Subsection, the civil commissioners shall not14
have the power to adjudicate cases in a contested matter of divorce, custody,15
permanent spousal support, paternity, or partition of community property, unless the16
parties consent in writing to the jurisdiction of the commissioner. Each time an17
action is filed with the clerk of court for the Fourteenth Judicial District Court, the18
clerk shall notify the parties to that action of their right to consent to jurisdiction by19
the commissioners. In each case in which all the parties provide a written waiver of20
their right to have their case heard by a district court judge, and provide written21
consent to the matter being heard and adjudicated by a commissioner, the22
commissioners may conduct any and all proceedings on any matter pending before23
the court and may order the entry of judgment in the case. Each judgment so24
recommended by a commissioner shall be signed by a judge of the Fourteenth25
Judicial District Court. Any party who is aggrieved by a judgment entered by a26
commissioner may appeal that judgment in the same manner as any other judgment27
entered by a district court.28 HLS 10RS-1380 ORIGINAL
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G. The judges of the Fourteenth Judicial District Court shall evaluate the1
commissioners annually and issue a report by June first of each year as to their2
effectiveness and the need for continuing the offices. The report shall be a public3
record.4
§724. Commissioners: qualifications; salary and benefits; restrictions on5
employment; office space; supplies; equipment; employees6
A. The qualifications for the office of commissioner for the Fourteenth7
Judicial District Court shall be the same as the qualifications for office for district8
court judges.9
B. The salary of the commissioner shall be set by a majority of the elected10
judges of the Fourteenth Judicial District Court and shall not exceed seventy-two11
thousand five hundred dollars per annum. A commissioner may be a member of the12
Parochial Employees' Retirement System. A commissioner may be reimbursed for13
his expenses as provided for by court rule.14
C. A commissioner shall be a full-time employee of the Fourteenth Judicial15
District Court. A commissioner shall not engage in any outside business,16
occupation, or employment that is inconsistent with the expeditious, proper, and17
impartial performance of his duties as judicial officer, nor shall he engage in the18
practice of law. Any question regarding the conduct of any outside business,19
occupation, or employment by the commissioner shall be resolved by a majority of20
the elected judges of the Fourteenth Judicial District Court. The provisions of this21
Subsection shall not abrogate or supersede any provisions of the Rules for Lawyer22
Disciplinary Enforcement or the Code of Judicial Conduct applicable to judges and23
attorneys.24
D. Office space for the commissioner may be provided by the Fourteenth25
Judicial District Court, out of funds available to the court.26
E. Any employee of the office of commissioner shall be hired only upon the27
prior approval of employment by a majority of the elected judges of the court28 HLS 10RS-1380 ORIGINAL
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pursuant to adopted rules or the specific order of the court and may be a member of1
the Parochial Employees' Retirement System.2
F. The salaries, related benefits, and expenses of the commissioner, and the3
salaries and related benefits of the employees of the commissioner, the costs of the4
equipment and supplies of the commissioner and his employees, and other costs of5
implementing the provisions of this Section and R.S. 13:723 shall be paid from funds6
available to the Fourteenth Judicial District Court.7
G. The sources of funding for the commissioner and his offices and8
employees shall include, but shall not be limited to the following sources:9
(1) Subject to the other provisions of this Section, there is hereby imposed10
an additional fee on all persons convicted in the Fourteenth Judicial District Court11
of felony, misdemeanor, and traffic offenses. The amount of the additional fees shall12
be set by the judges of the Fourteenth Judicial District Court sitting en banc. The13
amount of the additional fee in felony cases shall not exceed one hundred dollars.14
The amount of the additional fee in misdemeanor and traffic cases shall not exceed15
seven dollars and fifty cents. Before this additional fee is imposed, the judges of the16
Fourteenth Judicial District Court shall submit an application for review and17
recommendation by the Judicial Council for their approval of the new court fee and18
the amount the council authorizes the court to charge in accordance with the19
provisions of R.S. 13:62(B).20
(2) The additional fees created in this Section shall be collected by the21
sheriffs in the same manner as all other criminal court costs. All additional fees22
collected pursuant to this Section shall be remitted by the sheriff to the police jury23
of the parish of Calcasieu and deposited into special accounts. These funds are to be24
used by the parish, only when authorized by court order from the chief judge of the25
Fourteenth Judicial District Court, to defray the costs and expenses incurred pursuant26
to the provisions of this Section and other related judicial expenditures.27
(3) If any part of the provisions of this Section becomes dependent upon28
monies from the general fund of Calcasieu Parish, the operations of the offices of29 HLS 10RS-1380 ORIGINAL
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commissioner for the Fourteenth Judicial District Court shall cease if the parish1
police jury fails to appropriate sufficient monies to provide for the continuation of2
the offices of commissioner for the Fourteenth Judicial District Court.3
H. A commissioner shall use the title of commissioner in the performance4
of his duties pursuant to the provisions of this Section and R.S. 13:723.5
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)]
Danahay HB No. 630
Abstract: Provides for the salaries, duties, qualifications, and funding of offices for the
commissioners in the 14th JDC (Calcasieu Parish).
Proposed law creates the three offices of commissioner for the 14
th
JDC and provides that
the commissioners shall be selected by a majority of the judges and may be removed from
office by a majority of the judges.
Proposed law provides that two commissioners have jurisdiction over civil matters involving
domestic relations and family law, and one commissioner has jurisdiction over criminal
matters.
Proposed law requires that each commissioner shall have been admitted to the practice of
law for at least five years and to have been domiciled in the district for the two years
preceding his selection as commissioner.
Proposed law grants the commissioner having criminal jurisdiction the power to administer
oaths, take acknowledgments, affidavits, and depositions, sign orders, act on felony charges
through arraignment, accept pleas in misdemeanor cases, hear preliminary motions, fix bail,
sign and issue search and arrest warrants, and find and punish for contempt of court.
Proposed law grants the commissioners having civil jurisdiction involving domestic relations
and family law the power to administer oaths, render and sign judgments and orders
confirming judgments by default, grant uncontested divorces, implement interim child
support and custody orders, approve consent judgments, sign ex parte and emergency orders,
find and punish for contempt of court, handle preliminary disputes concerning discovery or
the issuance of subpoenas, and adjudicate other domestic matters unless specifically
excluded.
Proposed law provides that if no objection is filed in writing with the district court judge
having jurisdiction over the case, within seven days of rendition and notification either by
the commissioner or through service by the clerk of court, exclusive of weekends and
holidays, of a certified copy of orders of the court's ruling, exclusive of weekends and
holidays, the order shall become a final judgment of the court and shall be signed by a judge
of the 14
th
JDC and is appealable as any other final judgment.
Proposed law provides that if a party who disagrees with a judgment or ruling of a
commissioner files a written objection within seven days of the judgment or ruling, exclusive
of weekends and holidays, that the objection shall be heard by the judge of the 14
th
JDC to
whom the matter was originally allotted. HLS 10RS-1380 ORIGINAL
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Proposed law provides that if a party objects to the ruling of the commissioner, he shall have
the option to demand that the judge receive evidence and rule on the matter. Otherwise,
authorizes the judge to decide the objection based on the record of the proceedings before
the commissioner or to receive further evidence and rule based on that evidence, together
with the prior evidence, or to recommit the matter to the commissioner with instructions.
Proposed law provides that the civil commissioners shall not have the power to adjudicate
cases in a contested matter of divorce, custody, permanent spousal support, paternity, or
partition of community property, unless the parties consent in writing to the jurisdiction of
the commissioner.
Proposed law provides that if all the parties give a written waiver of their right to have their
case heard by a district court judge, and give written consent to the matter being heard and
adjudicated by a commissioner, the commissioners may conduct any and all proceedings on
any matter pending before the court and may order the entry of judgment in the case.
Proposed law requires that each judgment recommended by a commissioner be signed by
a judge of the 14
th
JDC and provides that a party who is aggrieved by a judgment entered by
a commissioner may appeal that judgment in the same manner as any other judgment entered
by a district court.
Proposed law provides that the salary of the commissioner shall be set by a majority of the
elected judges of the district, but shall not exceed $72,500 per year and authorizes the
commissioner and any of his employees to be a member of the Parochial Employees'
Retirement System.
Proposed law provides that the commissioner shall be a full-time employee of the district
court and prohibits him from engaging in any outside business inconsistent with his duties
as a judicial officer and from engaging in the practice of law.
Proposed law authorizes the 14th JDC to be responsible for providing office space for the
commissioner and requires the 14th JDC to be responsible for his salary, related benefits,
and expenses, and the salaries and related benefits of his employees, and the costs of
equipment and supplies of the commissioner and his employees.
Proposed law provides for funding of the office of commissioner by an imposition of an
additional fee not to exceed $100 in felony cases and $7.50 in misdemeanor and traffic
cases, as set by the judges of the court.
Proposed law provides that these provisions terminate if the funding for the offices of
commissioner become dependant upon monies from the general fund of Calcasieu Parish and
the police jury does not appropriate sufficient money for the continuation of the offices.
(Adds R.S. 13:723 and 724)