SLS 10RS-770 REENGROSSED
Page 1 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
SLS 10RS-770 REENGROSSED
Page 2 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
SLS 10RS-770 REENGROSSED
Page 3 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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, and Second Parish18
Court, there shall be assessed in all criminal cases, including traffic violations,19
except parking, an additional cost set by a committee comprised of one20
representative from each of the Twenty-Fourth Judicial District Court, First21
Parish Court of Jefferson Parish, Second Parish Court of Jefferson Parish, the22
Public Defender's Office of Jefferson Parish, and Jefferson Parish23
Administration, not to exceed an amount of two dollars, against every defendant24
who is convicted after trial or after a plea of guilty or nolo contendere. This25
additional cost shall be transmitted to the court and deposited in a special26
account in the parish treasury to be managed and administered by the parish27
treasurer for and on behalf of the courts for the payment of court reporter fees28
for transcripts in indigent defense cases.29 SB NO. 605
SLS 10RS-770 REENGROSSED
Page 4 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3) All monies received and deposited under the provisions of this1
Subsection shall be used to pay court reporter fees for transcripts to compensate2
court reporters for the preparation of transcripts for indigent defendants3
arising from criminal proceedings in the Twenty-Fourth Judicial District, First4
Parish Court and Second Parish Court, including but not limited to bills of5
exceptions, trials, motions, hearings on writs, and all other criminal6
proceedings.7
(4) Nothing in this Subsection shall preclude a court from ordering the8
costs for the preparation of transcripts for indigent defendants in criminal9
proceedings be paid from any other fund established by general or specific law10
for the payment of expenses incurred in the defense of indigent persons in11
criminal proceedings.12
Section 2. Act No. 77 of the 2009 Regular Session of the Legislature is hereby13
repealed.14
Section 3. Section 1 of this Act shall become effective on June 18, 2010.15
Section 4. Sections 2, 3, and 4 of this Act shall become effective upon signature by16
the governor or, if not signed by the governor, upon expiration of the time for bills to17
become law without signature by the governor, as provided by Article III, Section 18 of the18
Constitution of Louisiana. If vetoed by the governor and subsequently approved by the19
legislature, this Act shall become effective on the day following such approval.20
The original instrument was prepared by Heyward Jeffers. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
Martiny (SB 605)
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 transcribed, 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
SLS 10RS-770 REENGROSSED
Page 5 of 5
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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 a 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, and Second Parish Court, 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 respective to compensation of 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.
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.)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to reengrossed bill.
1. Technical correction made.
2. Removes Juvenile Court and all mayor's courts in municipalities from the
requirement of assessing the additional cost.