SLS 10RS-1782 ORIGINAL
Page 1 of 11
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. 787
BY SENATOR DORSEY
COURTS. Provides relative to the First and Second City Courts of the city of New Orleans.
(See Act)
AN ACT1
To amend and reenact R.S. 13:996.62(A)(1), 2151.1, 2152.2(A), 2153.1, 2154, the2
introductory paragraph of 2157(A), the introductory paragraph of 2158(A), (C), and3
(D), 2160, 2161(A), 2162(A), 2163, and 2165(A), to enact R.S. 13:1312.1 and4
2152.3, and to repeal R.S. 13:1312, 2151.4, 2152, and 2153(B), relative to the First5
City Court and the Second City Court of the city of New Orleans; to remove the city6
courts from the judicial expense fund of the parish of Orleans and the consolidated7
judicial expense fund for the Forty-First Judicial District Court; to provide for the8
judicial expense fund for the First City Court of the city of New Orleans; to provide9
for the judicial expense fund for the Forty-First Judicial District Court; to abolish the10
Second City Court of the city of New Orleans and the office of judge, clerk, and11
constable; to remove provisions applying to the Second City Court of the city of New12
Orleans; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 13:996.62(A)(1), 2151.1, 2152.2(A), 2153.1, 2154, the introductory15
paragraph of 2157(A), the introductory paragraph of 2158(A), (C), and (D), 2160, 2161(A),16
2162(A), 2163, and 2165(A) are hereby amended and reenacted, and R.S. 13:1312.1 and17 SB NO. 787
SLS 10RS-1782 ORIGINAL
Page 2 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
2152.3 are hereby enacted to read as follows:1
§996.62. Consolidated Judicial Expense Fund for the Forty-First Judicial District2
A.(1) Effective January 1, 2009, there is hereby created a fund for the Forty-3
First Judicial District Court, and the juvenile court for the parish of Orleans, and the4
First and Second City Courts of the city of New Orleans which shall be known as the5
"Consolidated Judicial Expense Fund." As used in this Section, "judges" shall mean6
the judges of the courts enumerated in this Subsection.7
* * *8
§1312.1. Judicial expense fund; sources, control, and administration9
A. The clerk of the Civil District Court shall place all sums collected or10
received pursuant to the provisions of this Section in a separate account to be11
designated as the Judicial Expense Fund for the Civil District Court for the12
parish of Orleans. The judges, en banc, of the Civil District Court for the13
parish of Orleans shall have control over the fund and all reimbursements made14
therefrom. They shall cause to be conducted annually an audit of the fund and15
the books and accounts relating thereto, and shall file the same with the office16
of the legislative auditor where it shall be available for public inspection.17
B. The judges of the Civil District Court for the parish of Orleans sitting18
en banc shall have control over the judicial expense fund for the parish of19
Orleans, accruing and accrued, and to this end shall fix and regulate from time20
to time the number of deputies and employees of the offices of the clerk of the21
Civil District Court, register of conveyances, and recorder of mortgages of the22
parish and their expenses, and also shall have the power to fix the tariff of costs23
and charges to be paid for official services in said offices, which are paid into,24
and constitute said fund; due publication of which tariff, when made, shall be25
given. They shall have power to determine whether any amounts from the fund26
shall be devoted to the expense or payment of taking testimony by shorthand27
and to regulate and provide for the same. The judges are authorized to28
contribute out of the fund, to the embellishment, maintenance, improvement or29 SB NO. 787
SLS 10RS-1782 ORIGINAL
Page 3 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
repair, or both, of each courtroom, the courthouse itself or its furnishings, or1
both, and may contribute to any pension, retirement system, and group2
hospitalization plans to which officers and employees paid out of the fund may3
belong.4
C. The judges, en banc, may further appoint such secretarial, clerical,5
research, administrative, or other personnel as they deem necessary to expedite6
the business and function of the court and fix and pay all or any part of the7
salaries of such personnel out of the monies in the judicial expense fund. In like8
manner, the judges, en banc, may utilize the monies in the judicial expense fund9
to pay all or any part of the cost of establishing or maintaining, or both, a law10
library for the court, or for buying or maintaining, or both, any type of11
equipment, supplies, or other items consistent with or germane to the efficient12
operation of the court. In general, the judicial expense fund is established and13
may be used for any purpose or purposes connected with, incidental to, or14
related to the proper administration or function of the court or the offices of the15
individual judges and is in addition to any and all other funds, salaries,16
expenses, or other monies that are now or hereafter provided, authorized, or17
established by law for any of the purposes contained within the provisions of18
this Section.19
D.(1) The judges, en banc, may utilize the monies in the judicial expense20
fund to pay all or any part of the cost of planning, designing, and constructing21
a new courthouse for the parish of Orleans, which shall house the following22
courts and all related support offices:23
(a) Civil District Court.24
(b) First and Second City Courts.25
(c) Juvenile Courts.26
(2) No additional fees or costs shall be imposed to fund any portion of27
the planning, designing or construction of a new courthouse.28
(3) Any additional funds used for the planning, design or construction29 SB NO. 787
SLS 10RS-1782 ORIGINAL
Page 4 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of a new courthouse shall come from commercial leasing revenues,1
contributions from agencies located or to be located in the courthouse, and any2
other non-court cost related source.3
(4) Prior to the commencement of any construction of a new courthouse,4
the plans and costs shall be submitted to and approved by the Joint Legislative5
Committee on the Budget.6
(5) Any contract for the planning, designing or construction of a new7
courthouse shall be subject to the public bid laws.8
* * *9
§2151.1. Judges acting for each other; judge of section D of First City Court10
The judges of the city courts court of New Orleans may act for and in the11
stead of one another, whenever the judge having jurisdiction of any cause pending12
in his court shall be recused or is absent due to illness, or for any other cause or13
cannot act. The acting judge may grant any and all orders and render any and all14
judgments or decrees that might be granted or rendered by the judge if present and15
acting.16
In addition to performing his duties as judge of the Second City Court, the17
judge of that court shall also act as Judge of the First City Court of New Orleans,18
which court shall be designated as Section D of the First City Court of New Orleans.19
The Judge of the Second City Court of New Orleans shall preside over20
Section D under rules prescribed by Judges of the first and second city courts of New21
Orleans.22
The salary of the Judge of the Second City Court of New Orleans, while23
presiding over said Section D of the First City Court shall be the same as, and24
payable from the same sources as that of the Judges of the First City Court.25
* * *26
§2152.2. Compensation of city court judges; maximum27
A. The salary of a judge of the First or Second City Court of the city of New28
Orleans shall in no case exceed the salary of a judge of the Civil or Criminal District29 SB NO. 787
SLS 10RS-1782 ORIGINAL
Page 5 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Court for the parish of Orleans.1
* * *2
§2152.3. First City Court Judicial Expense Fund; salaries and expenses of3
judges; payment4
A. The clerk of the First City Court and the judges of the First City5
Court shall place all sums collected or received under this Section in a separate6
account to be designated as the Judicial Expense Fund for the First City Court7
for the city of New Orleans. The judges, en banc, of the First City Court of the8
city of New Orleans shall have control over the fund and all disbursements9
made therefrom. They shall cause to be conducted annually an audit of the10
fund and the books and accounts relating thereto, and shall file the same with11
the office of the legislative auditor where it shall be available for public12
inspection.13
B. The judges of the First City Court sitting en banc shall have control14
over the judicial expense fund for the city court of the city of New Orleans,15
accruing and accrued, and to this end shall fix and regulate from time to time16
the number of deputies and employees of the offices of the clerk of the First City17
Court of the city of New Orleans and the employees of the judges of the First18
City Court for the city of New Orleans and their expenses, and also shall have19
the power to fix the tariff of costs and charges to be paid for official services in20
said offices, which are paid into, and constitute said fund; due publication of21
which tariff, when made, shall be given. They shall have power to determine22
whether any amounts from the fund shall be devoted to the expense or payment23
of taking testimony by shorthand and to regulate and provide for the same. The24
judges are authorized to contribute out of the fund, to the embellishment,25
maintenance, improvement or repair, or both, of each courtroom, the26
courthouse itself or its furnishings, or both, and may contribute to any pension,27
retirement system, and group hospitalization plans to which officers and28
employees paid out of the fund may belong.29 SB NO. 787
SLS 10RS-1782 ORIGINAL
Page 6 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
C. The judges, en banc, may further appoint such secretarial, clerical,1
research, administrative, or other personnel as they deem necessary to expedite2
the business and function of the court and fix and pay all or any part of the3
salaries of such personnel out of the monies in the judicial expense fund. In like4
manner, the judges, en banc, may utilize the monies in the judicial expense fund5
to pay all or any part of the cost of establishing or maintaining, or both, a law6
library for the court, or for buying or maintaining, or both, any type of7
equipment, supplies, or other items consistent with or germane to the efficient8
operation of the court. In general, the judicial expense fund is established and9
may be used for any purpose or purposes connected with, incidental to, or10
related to the proper administration or function of the court or the offices of the11
individual judges and is in addition to any and all other funds, salaries,12
expenses, or other monies that are now or hereafter provided, authorized, or13
established by law for any of the purposes contained within the provisions of14
this Section.15
D. The salary of each of the judges of the First City Court of the city of16
New Orleans, in the same amount as payable by the state to city judges, shall be17
paid by the state, and the remainder shall be payable out of the Judicial18
Expense Fund of the First City Court for the city of New Orleans provided that19
the term of the court shall be twelve months per year with the judges of the20
court fixing their own personal vacations of not more than thirty days per21
annum.22
E. The judges of the First City Court of the city of New Orleans shall not23
engage in the practice of law or share in the profits, directly or indirectly of any24
law firm or legal corporation.25
F. In addition to their salaries, each judge of the First City Court of the26
city of New Orleans shall be reimbursed in an amount not to exceed five27
thousand dollars per annum for travel and actual expenses incurred while28
attending meetings, seminars, and other official functions in performing the29 SB NO. 787
SLS 10RS-1782 ORIGINAL
Page 7 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
duties of their office. This allowance shall be payable out of the Judicial1
Expense Fund of the First City Court of the city of New Orleans upon the2
warrant of the judges of the First City Court of the city of New Orleans,3
together with an accounting of disbursements.4
§2153.1. First and Second City Courts; clerks and constables City Court; clerk and5
constable6
A.(1) There shall be one clerk and one constable of the First City Court of the7
city of New Orleans, each of whom shall be elected by the qualified voters residing8
within the territorial jurisdiction of the court.9
(2) B. The term of the clerk in office on September 9, 1983 shall terminate10
on December 31, 1986; thereafter, the successors to the office shall be elected at the11
congressional elections to terms of six years, beginning with the congressional12
election in 1986.13
(3) C. The term of the constable in office on the effective date of this Section14
shall expire on December 31, 1978; however, his successor shall be elected at the15
same time as district attorneys throughout the state in 1978, and thereafter the16
successors to the office of constable shall be elected at the same time as the district17
attorneys throughout the state.18
B.(1) There shall be one clerk and one constable of the Second City Court of19
the city of New Orleans, each of whom shall be elected by the qualified voters20
residing within the territorial jurisdiction of the court.21
(2) The term of the clerk in office on the effective date of this Act shall22
terminate on December 31, 1994; thereafter, the successors to the office shall be23
elected at the congressional elections to terms of six years, beginning with the24
congressional election in 1994.25
(3) The term of the constable in office on the effective date of this Act shall26
expire on December 31, 1994; however, the successors to the office shall be elected27
at the congressional elections to terms of six years, beginning with the congressional28
election in 1994.29 SB NO. 787
SLS 10RS-1782 ORIGINAL
Page 8 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§2154. Powers of clerks and constables1
In civil matters, the clerks and constables of the city courts the clerk and2
constable of the city court of New Orleans have the same powers and duties as3
provided by the applicable provisions of law for clerks and marshals of city courts4
generally.5
* * *6
§2157. Fees chargeable by clerk7
A. The filing or other fees charged by clerks of the city courts the clerk of8
the city court of New Orleans shall be as follows:9
* * *10
§2158. Fees of constables constable; benefits for employees of constables the11
constable of the city courts court of New Orleans12
A. The constables constable of the city courts court of New Orleans shall be13
entitled to no more than the following fees and compensation of office in all civil14
matters, and no fees or charges shall be collected by them for any service not15
specifically provided for in this Subsection:16
* * *17
C. The constables constable of the city courts court of New Orleans shall18
have control over all fees, charges, and commissions collected by their respective19
offices as well as all disbursements made therefrom as authorized by R.S. 33:173620
et seq. The constable of the first city court shall cause to be conducted an audit of all21
such fees, charges, and commissions collected and disbursements made therefrom,22
and the books and accounts relating thereto, in accordance with R.S. 24:513(J)(1)(c),23
and shall file the same with the office of the legislative auditor where it shall be24
available for public inspection.25
D. Notwithstanding the provisions of Subsection A to the contrary, a26
constable of the First or Second City Court of the city of New Orleans may charge27
and collect a fee equal to the fee the civil sheriff of the parish of Orleans is28
authorized to charge and collect for the identical service. The provisions of this29 SB NO. 787
SLS 10RS-1782 ORIGINAL
Page 9 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Subsection shall not authorize a constable to provide additional services other than1
those services authorized by the provisions in Subsection A of this Section.2
* * *3
§2160. Application of provisions of R.S. 33:1509-33:1513 to constables the4
constable of city courts court5
R.S. 33:1509 through 33:1513, relative to the costs of the civil sheriff of the6
parish of Orleans, shall apply to and govern the costs of the constables constable of7
the city courts court of New Orleans, and the collection thereof.8
§2161. Cases over three hundred dollars; service of duplicate copy of petition; no9
additional fees10
A. In all suits filed in the city courts court of New Orleans, when the amount11
involved is over three hundred dollars, exclusive of interest and attorney fees, the12
plaintiff shall file with the clerk an exact duplicate copy of his petition which shall13
be annexed by the clerk to the citation and delivered to the constable for service on14
the defendant.15
* * *16
§2162. Charges for performance of marriage ceremony and issuance of marriage17
license18
A. For every marriage performed in the courthouse by any of the judges of19
the first and second city courts court of New Orleans during office hours, there shall20
be a charge of $5.00. In all other cases the charge shall be fixed by agreement21
between the judge and the contracting parties.22
* * *23
§2163. Sheriff, constables constable, and deputies; powers of peace officers;24
exemption from liability25
The civil sheriff for the parish of Orleans and the constables constable of the26
First and Second City Courts Court of New Orleans and their deputies, are hereby27
granted the powers of peace officers when carrying out the duties of the court, and28
are authorized to require incarceration of the subject involved in any of the city,29 SB NO. 787
SLS 10RS-1782 ORIGINAL
Page 10 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
parish or state prisons, precinct stations, or houses of detention in the parish of1
Orleans. They shall be exempt from liability for their actions in the exercise of this2
power in the same manner and fashion as liability is excluded generally for peace3
officers of this state and political subdivisions.4
* * *5
§2165. Judicial depository6
A. The judges of the first and second city courts court of the city of New7
Orleans, sitting en banc, a majority of said the judges constituting a quorum, shall8
by a vote of a majority of those present, designate a solvent bank, or banks, located9
within the parish of Orleans, as the fiscal agent or agents, as a depository of any and10
all monies received by the clerks of the said city courts court. The said funds shall11
be so deposited and held subject to the orders of the court, and in accordance with12
all laws or parts of laws now or hereafter enacted governing any such funds so held13
and deposited.14
* * *15
Section 2. R.S. 13:1312, 2151.4, 2152, and 2153(B) are hereby repealed.16
Section 3. The provisions of this Act shall become effective on January 1, 2013,17
except for the provisions of R.S. 13:996.62(A) as amended by this Act which shall become18
effective on December 31, 2014.19
Section 4. The Second City Court of the city of New Orleans and the offices of20
judge, clerk, and constable are abolished on December 31, 2012.21
Section 5. On January 1, 2013, all cases and matters which were pending in the22
Second City Court of the city of New Orleans shall be transferred to the First City Court of23
the city of New Orleans which shall therefore have jurisdiction over those cases and pending24
matters.25
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by J. W. Wiley.
DIGEST
Present law provides for the First and Second City Courts of the city of New Orleans
including their participation in the judicial expense fund of the parish of Orleans and the SB NO. 787
SLS 10RS-1782 ORIGINAL
Page 11 of 11
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
consolidated judicial expense fund for the 41
st
JDC.
Proposed law provides for a judicial expense fund for the First City Court of the city of New
Orleans.
Proposed law abolishes the Second City Court of the city of New Orleans and the offices of
judge, clerk of court, and constable.
Present law provides for the Civil and Criminal District Courts of the parish of Orleans and
the First and Second City Courts of the city of New Orleans' participation in the judicial
expense fund of the parish of Orleans.
Present law provides for the participation of the 41
st
JDC, the First and Second City Courts
of the city of New Orleans, and the juvenile court for the parish of Orleans in the
consolidated judicial expense fund for the 41
st
JDC.
Proposed law deletes the city courts from these provisions.
Proposed law deletes the Second City Court of the city of New Orleans from the general
provisions applying to the city courts of New Orleans, including provisions concerning the
judge, clerk of court, and constable.
Proposed law provides for special effective dates.
(Amends R.S. 13:996.62(A)(1), 2151.1, 2152.2(A), 2153.1, 2154, 2157(A) (intro para),
2158(A) (intro para), (C), and (D), 2160, 2161(A), 2162(A), 2163, and 2165(A); adds R.S.
13:1312.1 and 2152.3; repeals R.S. 13:1312, 2151.4, 2152, and 2153(B))