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Regular Session, 2010
SENATE BILL NO. 750
BY SENATOR MURRAY
COURTS. Provides relative to the Orleans Parish Civil District Court. (gov sig)
AN ACT1
To amend and reenact R.S. 13:3105(A) and to enact R.S. 13:996.67, relative to courts and2
judicial procedure; to provide for the Civil District Court for the parish of Orleans;3
to authorize the Civil District Court for the parish of Orleans and the clerk of court4
of the Civil District Court for the parish of Orleans to impose additional costs of5
court and service charges in certain civil matters; to provide for the collection of6
such costs and charges; to establish a judicial building fund; to provide for the7
dedication and disbursement of such funds; to provide procedures and conditions;8
to provide for the compensation of jurors in civil cases triable by a jury in the Civil9
District Court for the parish of Orleans; to increase such compensation; and to10
provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 13:3105(A) is hereby amended and reenacted and R.S. 13:996.67 is13
hereby enacted to read as follows: 14
§996.67. Judicial building fund15
A. The Civil District Court for the parish of Orleans and the clerk of16
court of the Civil District Court for the parish of Orleans are hereby authorized17 SB NO. 750
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to impose the following additional costs of court and service charges provided1
for in Subsection B of this Section in all cases over which the court has2
jurisdiction, until the bonded indebtedness provided for in Subsection C of this3
Section is paid. The costs and charges provided in Subsection B of this Section4
shall not apply to cases involving juvenile and family matters. The costs and5
charges may be up to and include the maximum amount set forth and shall be6
imposed on order of the judges en banc. Such costs and charges shall be paid to7
the clerk of court when the filing is made.8
B.(1) Until such time that public bids are let for the construction project,9
the amounts of the costs and charges which may be imposed shall be as10
provided in this Paragraph.11
Service Provided Amount of Cost Authorized12
(a) Recordings Up to thirty dollars per recordation13
(b) Civil Filings Up to twenty-five dollars per civil filing14
(c) Jury Trials Up to one hundred dollars per jury15
requested16
(d) Class Actions Up to one thousand twenty-five dollars per17
class certified18
(2) After public bids are let for the construction project the amounts of19
costs and charges which may be imposed shall be as provided in this Paragraph.20
Service Provided Amount of Cost Authorized21
(a) Recordings Up to thirty dollars per recordation22
(b) Civil Filings Up to two hundred dollars per civil filing23
(c) Jury Trials Up to two hundred dollars per jury24
requested25
(d) Class Actions Up to two thousand fifty dollars per class26
certified27
(e) All matters filedUp to ten dollars per item filed into civil28
suit record29 SB NO. 750
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(3) The matters filed into a civil record upon which the costs provided1
for in Subparagraph (2)(e) shall be imposed shall include but not be limited to2
petitions, motions, orders, judgments, citations, rules, evidence, correspondence,3
affidavits, dismissals, depositions, writs, appeals, answers, subpoenas, and jury4
matters.5
C.(1) Solely for the purposes of this Section, there is hereby created the6
Civil District Court for the parish of Orleans Judicial District Court Building7
Commission for purposes of the construction and funding of the courthouse,8
which shall be deemed to be a public commission. The judges, en banc, of the9
Civil District Court for the parish of Orleans shall serve as the board of10
commissioners thereof. The commission shall be a public corporation with11
power to contract, administer the proceeds of the costs and charges authorized12
in this Section, lease, sublease, and otherwise provide for the construction,13
equipping, maintenance, and operation of a new courthouse for the Civil14
District Court for the parish of Orleans and to pledge and dedicate the receipts15
of the courthouse construction fund created hereby for the payment of any lease16
or sublease obligation, loan agreement, or other financing agreement relative17
thereto.18
(2) The commission shall elect a chairman and vice chairman. The19
judicial administrator for the Civil District Court for the parish of Orleans shall20
serve as secretary-treasurer for the commission.21
(3) Notwithstanding any other law to the contrary, issues regarding22
ownership and liability for maintenance and operation expenses of the new23
courthouse shall be provided for between the commission and Orleans Parish24
in a lease or sublease of the courthouse to the commission or by a cooperative25
endeavor agreement prior to the awarding of the contract for construction of26
the new courthouse.27
(4) The monies generated pursuant to this Section shall be forwarded by28
the clerk of court and sheriff to the fiscal agent bank chosen by the commission29 SB NO. 750
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to be held in the courthouse construction fund. Any funds currently on deposit1
to the separate account of the judicial expense fund from the costs and charges2
authorized by this Section shall be transferred at the discretion of the3
commission to the courthouse construction fund held by the commission's fiscal4
agent. These monies deposited to the courthouse construction fund shall be5
dedicated to the design, planning, feasibility, acquisition, construction,6
equipping, operating, and maintaining a new facility to house the Civil District7
Court for the parish of Orleans, the offices of the clerk of court for Civil District8
Court for the parish of Orleans, the First City Court, the clerk of the First City9
Court, the constable of the First City Court, the office of the civil sheriff, the10
Orleans Parish Juvenile Court, the mortgage office, the conveyance office, the11
notarial archives, and such other courts and parochial offices as may be12
necessary. No monies generated pursuant to this Section shall be used for13
payment of any bonded indebtedness involving site acquisition or construction14
of a new facility unless approved by the Joint Legislative Committee on the15
Budget and the State Bond Commission.16
(5) For the purposes of this Section, "equipping" shall include but not17
be limited to expenditures for the purchase and maintenance of computer18
software and hardware for the agencies housed in the judicial facility.19
(6) Notwithstanding any other provision of law to the contrary, the20
commission may pledge and dedicate the receipts of the courthouse construction21
fund for the payment of any obligation, loan agreement, or other financing22
agreement in connection with the issuance of bonds or other evidence of23
indebtedness for the commission by the Louisiana Public Facilities Authority24
or the Louisiana Local Government Environmental Facilities and Community25
Development Authority.26
D. If public bids are not let for the construction of a new facility as27
provided in this Section within four years of August 15, 2010, then the authority28
provided in this Section to levy the additional costs and charges shall terminate29 SB NO. 750
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and be null and void. Thereafter, no costs or charges authorized in this Section1
shall be imposed or collected. Should the authority to levy such costs and2
charges terminate as set forth herein, all funds collected and deposited in the3
separate account as provided in this Section shall be used solely for capital4
improvements to the facility then housing the Civil District Court for the parish5
of Orleans.6
* * *7
§3105. Compensation of jurors in civil cases8
A. Those serving as jurors in the trial of civil cases triable by a jury in the9
Civil District Court for the parish of Orleans shall be entitled to compensation of10
sixteen twenty-five dollars each for each and every day, or part of a day, on which11
they serve as jurors in any civil case, the said sum total to be charged as costs and12
paid by the party cast for such costs. The party praying for the jury shall deposit with13
the clerk of the civil district court the sum of sixteen twenty-five dollars as jury14
costs. In addition, prior to the commencement of the trial, the party praying for the15
jury shall deposit in the registry of the court the sum of one hundred ninety two three16
hundred dollars for each day the court estimates the trial will last. No case triable17
by jury shall be placed on the court's jury trial docket or fixed for trial unless the18
sixteen twenty-five dollar deposit is made. No such trial by jury shall commence19
until the additional deposit provided for herein is made.20
* * *21
Section 2. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 SB NO. 750
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Camille Sebastien Perry.
DIGEST
Proposed law authorizes the Civil District Court for the parish of Orleans and the clerk of
court of the Civil District Court for the parish of Orleans to impose additional costs in all
cases in which the court has jurisdiction and further provides that such monies shall be
designated to the development, construction, and operation of a new facility to house the
Civil District Court for the parish of Orleans, the office of the clerk of court for Civil District
Court for the parish of Orleans, the First City Court, the clerk of the First City Court, the
constable of the First City Court, the office of the civil sheriff, the Orleans Parish Juvenile
Court, the mortgage office, the conveyance office, the notarial archives, and such other
courts and parochial offices as may be necessary.
Proposed law creates the Civil District Court for the parish of Orleans Judicial District Court
Building Commission and allows the judges, en banc, of the Civil District Court of the
parish of Orleans to serve as the board of commissioners.
Proposed law provides that the commission shall be a public corporation with power to
contract, administer the proceeds of the costs and charges, lease, sublease, and otherwise
provide for the construction, equipping, maintenance, and operation of a new courthouse for
the Civil District Court for the parish of Orleans and to pledge and dedicate the receipts of
the courthouse construction fund created hereby for the payment of any lease or sublease
obligation, loan agreement, or other financing agreement relative thereto.
Proposed law provides that issues regarding ownership and liability for maintenance and
operation expenses of the new courthouse shall be provided for between the commission and
Orleans Parish in a lease or sublease of the courthouse to the commission or by a cooperative
endeavor agreement prior to the awarding of the contract for construction of the new
courthouse.
Proposed law provides that no monies generated shall be used for payment of any bonded
indebtedness involving site acquisition or construction of a new facility unless approved by
the Joint Legislative Committee on the Budget and the State Bond Commission.
Proposed law authorizes the commission to pledge and dedicate the receipts of the
courthouse construction fund for the payment of any obligation, loan agreement, or other
financing agreement in connection with the issuance of bonds or other evidence of
indebtedness for the commission by the Louisiana Public Facilities Authority or the
Louisiana Local Government Environmental Facilities and Community Development
Authority.
Present law (R.S. 13:3105(A)) provides that jurors in the trial of civil cases in the Civil
District Court for the parish of Orleans shall be entitled to compensation of sixteen dollars
each for each and every day, or part of a day, on which they serve as jurors in any civil case,
and prior to the commencement of the trial, the party praying for the jury shall deposit in the
registry of the court the sum of one hundred ninety two dollars for each day the court
estimates the trial will last.
Proposed law increases the compensation paid to jurors from sixteen dollars to twenty-five
dollars and increases the amount required to be paid in the registry of the court from one
hundred ninety two dollars to three hundred dollars for each day the court estimates the trial
will last. SB NO. 750
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Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:3105(A); adds R.S. 13:996.67)