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Regular Session, 2010
SENATE BILL NO. 605
BY SENATOR MARTINY AND REPRESENTATIVES BILLIOT, GISCLAIR,
LABRUZZO, LIGI, LOPINTO AND TEMPLET
COURTS. Provides for an indigent transcript fund for the Twenty-Fourth Judicial District
Court. (See Act)
AN ACT1
To amend and reenact R.S. 13:967(C)(1), (J) and (L), to enact R.S. 13:967(M), and to repeal2
Act No. 77 of the 2009 Regular Session of the Legislature, relative to the Twenty-3
fourth Judicial District; to provide for the establishment of an indigent transcript4
fund; to provide for court reporter fees; to provide for an effective date; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:967(C)(1), (J) and (L) are hereby amended and reenacted and R.S.8
13:967(M) is hereby enacted to read as follows: 9
ยง967. Twenty-Fourth Judicial District; court reporters; civil filing fees10
* * *11
C.(1) In all cases on appeal, the reporter shall be paid a fee not to exceed two12
dollars and fifty cents for each original page transcribed and, when a copy is13
requested by a litigant, shall furnish such copy and be paid a fee not to exceed one14
dollar for each page thereof, except that in criminal cases on appeal by indigent15
defendants, no more than a total of two dollars and seventy-five cents for each page16
transcribed, including all copies necessary for appeal, shall be charged to and paid17 SB NO. 605
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from any fund established by law for the payment of expenses incurred in the1
defense of indigent persons in criminal proceedings. Nothing in this Section shall2
be construed to make the governing authority of the parish of Jefferson3
responsible for the expenses or costs associated with the preparation of4
transcripts for an indigent defendant in a criminal proceeding, including but5
not limited to bills of exceptions, trials, motions, hearings on writs, or any other6
costs associated with an appeal in a criminal proceeding.7
* * *8
J. In all civil cases when a party is proceeding in forma pauperis cases the9
governing authority of the parish of Jefferson shall pay to the court reporters of the10
Twenty-Fourth Judicial District for the transcribing of testimony, when an appeal is11
taken or upon order of the judge, such amounts as would otherwise be required to be12
paid by the party who is proceeding in forma pauperis. Such payment shall be made13
at the time the transcription is filed, but only upon the written approval and order of14
the judge. Such payments shall not exceed the sum of fifteen hundred dollars for any15
one year to each of the said court reporters. The governing authority of the parish of16
Jefferson shall be legally subrogated to the rights of the court reporters of the17
Twenty-Fourth Judicial District as to all sums so paid for the transcription of18
testimony in pauper cases. All judgments in cases in which the pauper shall be cast19
for costs, together with a statement of such costs, shall be recorded by the clerk of20
court in the mortgage records of the parish of Jefferson for the amount of costs paid.21
The governing authority of the parish of Jefferson, at its expense, may have such22
judgments and statements of costs, or certified copies thereof, recorded in the23
mortgage records of any other parish or parishes and, when so recorded, they shall24
operate as judicial mortgages in favor of the governing authority of the parish of25
Jefferson for the amount of costs paid.26
* * *27
L. Each court reporter appointed under the provisions of R.S. 13:967 this28
Section shall be required to take an oath of office, and to furnish bond for the faithful29 SB NO. 605
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performance of the duties of the office. The bond shall be in the sum of two thousand1
dollars, and shall be approved by the judge making the appointment under R.S.2
13:967A(2) Paragraph (A)(1) of this Section, and by the senior judge of the court3
for those appointments made under the provisions of R.S. 13:967A(2) Paragraph4
(A)(2) of this Section. Each bond shall be in favor of the judges of the twenty-fourth5
judicial district court Twenty-Fourth Judicial District Court, and any party6
litigant, for the purpose of protecting litigants against any acts of incompetence or7
neglect of duties on the part of the reporters. It shall be recorded and filed in the8
office of the clerk of court for the parish of Jefferson. Any party litigant shall have9
a right to sue on said bond for any damages sustained by said party litigant by any10
wrongful act or neglect of duty committed or omitted by the official court reporter11
in the performance of the duties of official court reporters.12
M.(1) The courts of the Twenty-Fourth Judicial District shall establish13
an indigent transcript fund to provide for the payment of court reporter fees for14
transcripts as provided in this Subsection.15
(2) In every court of original, appellate, supervisory, or concurrent16
criminal jurisdiction in Jefferson Parish, including but not limited to the17
Twenty-Fourth Judicial District Court, First Parish Court, Second Parish18
Court, Juvenile Court, and all mayors' courts in municipalities, there shall be19
assessed in all criminal cases, including traffic violations, except parking, an20
additional cost set by a committee comprised on one representative from each21
of the Twenty-Fourth Judicial District Court, First Parish Court of Jefferson22
Parish, Second Parish Court of Jefferson Parish, the Public Defender's Office23
of Jefferson Parish, and Jefferson Parish Administration, not to exceed an24
amount of two dollars, against every defendant who is convicted after trial or25
after a plea of guilty or nolo contendere. This additional cost shall be26
transmitted to the court and deposited in a special account in the parish27
treasury to be managed and administered by the parish treasurer for and on28
behalf of the courts for the payment of court reporter fees for transcripts in29 SB NO. 605
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indigent defense cases.1
(3) All monies received and deposited under the provisions of this2
Subsection shall be used to pay court reporter fees for transcripts to compensate3
court reporters for the preparation of transcripts for indigent defendants4
arising from criminal proceedings in the Twenty-Fourth Judicial District, First5
Parish Court and Second Parish Court, including but not limited to bills of6
exceptions, trials, motions, hearings on writs, and all other criminal7
proceedings.8
(4) Nothing in this Subsection shall preclude a court from ordering the9
costs for the preparation of transcripts for indigent defendants in criminal10
proceedings be paid from any other fund established by general or specific law11
for the payment of expenses incurred in the defense of indigent persons in12
criminal proceedings.13
Section 2. Act No. 77 of the 2009 Regular Session of the Legislature is hereby14
repealed.15
Section 3. Section 1 of this Act shall become effective on June 18, 2010.16
Section 4. Sections 2, 3, and 4 of this Act shall become effective upon signature by17
the governor or, if not signed by the governor, upon expiration of the time for bills to18
become law without signature by the governor, as provided by Article III, Section 18 of the19
Constitution of Louisiana. If vetoed by the governor and subsequently approved by the20
legislature, this Act shall become effective on the day following such approval.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Present law provides that in all cases on appeal, the reporter shall be paid a fee not to exceed
$2.50 for each original page transcribed and, when a copy is requested by a litigant, shall
furnish such copy and be paid a fee not to exceed one dollar for each page thereof, except
that in criminal cases on appeal by indigent defendants, no more than a total of $2.75 for
each page transcribe, including all copies necessary for appeal, shall be charged to and paid
from any fund established by law for the payment of expenses incurred in the defense of
indigent persons in criminal proceedings.
Proposed law retains present law and provides that nothing shall be construed to make the
governing authority of Jefferson Parish responsible for the expenses or costs associated with SB NO. 605
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the preparation of transcripts for an indigent defendant in a criminal proceeding, including
but not limited to bills of exceptions, trials, motions, hearings on writs, or any other costs
associated with an appeal in a criminal proceeding.
Present law provides that in all forma pauperis cases the governing authority of Jefferson
Parish shall pay the court reporters of the 24
th
Judicial District for the transcribing of
testimony, when an appeal is taken or upon order of the judge, such amounts as would
otherwise be required to be paid by the party who is proceeding in forma pauperis.
Proposed law specifies that present law shall be applied in all civil cases when a party is
proceeding in form pauperis.
Proposed law provides that the courts of the 24
th
Judicial District shall establish an indigent
transcript fund to provide for the payment of court reporter fees for transcripts.
Proposed law provides that in every court of original, appellate, supervisory, or concurrent
criminal jurisdiction in Jefferson Parish, including but not limited to the 24
th
Judicial District
Court, First Parish Court, Second Parish Court, Juvenile Court, and all mayors' courts in
municipalities, there shall be assessed in all criminal cases, including traffic violations,
except parking, an additional cost set by the judges en banc, not to exceed the amount
authorized in law, against every defendant who is convicted after trial or after a plea of
guilty or nolo contendere. This additional cost shall be transmitted to the court and
deposited in a special account in the parish treasury to be managed and administered by the
parish treasurer for and on behalf of the courts for the payment of court reporter fees for
transcripts in indigent defense cases.
Proposed law provides that all monies received and deposited shall be used to pay court
reporter fees for transcripts in the following order:
1. To compensate court reporters for the preparation of transcripts for indigent
defendants arising from criminal proceedings in the 24
th
Judicial District, First Parish
Court and Second Parish Court, including but not limited to bills of exceptions, trials,
motions, hearings on writs, and all other criminal proceedings.
2. To compensate juvenile court reporters for the preparation of transcripts arising from
juvenile proceeding when the juvenile's parent or legal custodian or the adult, over
whom the juvenile court is exercising jurisdiction, is found to be indigent in
accordance with the law.
Proposed law provides that nothing shall preclude a court from ordering the costs for the
preparation of transcripts for indigent defendants in criminal proceeding be paid from any
other fund established by general or specific law for the payment of expenses incurred in the
defense of indigent persons in criminal proceedings.
Proposed law effective June 18, 2010.
Repeal of present law effective upon signature of governor or lapse of time for gubernatorial
action.
(Amends R.S. 13:967(C)(1), (J) and (L); adds R.S. 13:967(M); repeals Act 77 of 2009 R.S.)