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Regular Session, 2011
HOUSE BILL NO. 541
BY REPRESENTATIVE LANDRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS: Dedicates judgeships in certain judicial districts with divisions limited to family
or juvenile subject matter jurisdiction
AN ACT1
To amend and reenact R.S. 13:621.21 and 1138, and Section 1 of Act No. 873 of the 20082
Regular Session of the Legislature, and to repeal R.S. 13:1139(A), relative to courts3
and judicial procedure; to provide relative to district courts and district court judges;4
to dedicate certain judgeships in certain judicial districts and provide for divisions5
with certain limited or specialized subject matter jurisdiction; to provide for6
compensation of such judges; to provide for elections and terms of office; to provide7
certain terms, conditions, procedures, and requirements; to provide certain effective8
dates; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 13:621.21 and 1138 are hereby amended and reenacted to read as11
follows:12
§621.21. Twenty-First Judicial District13
A. The Twenty-First Judicial District Court shall have nine judges.14
B. (1) The judgeship comprising Division H shall be abolished effective15
midnight, December 31, 2014, or at any earlier time upon such judgeship becoming16
vacant for any reason.17
(2) There is hereby created a new judgeship effective January 1, 2015, or at18
any earlier time upon the judgeship in the former Division H becoming vacant. This19
judge and his successors shall preside over Division J, which is hereby created for20 HLS 11RS-995 ORIGINAL
HB NO. 541
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purposes of nomination, election, and subject matter. The subject matter jurisdiction1
of Division J is limited, under the provisions of Article V, Section 15(A) of the2
Constitution of Louisiana, to family matters as provided by law. The jurisdiction of3
any other judge of the district shall not be affected by the creation of this judgeship.4
* * *5
§1138. Domestic Relations Section Divisions6
[Effective Date: Text of Section effective until December 31, 2014.]7
A. The judges of the Civil District Court for the parish of Orleans who are in8
office on July 1, 1979 shall create the Domestic Relations Section of that court, by9
rule of court adopted on or before December 1, 1979, by the judges sitting en banc.10
The rule shall designate not less than two incumbent judges who shall be assigned11
to the Domestic Relations Section in accordance with the rules of the Civil District12
Court for the parish of Orleans. The Domestic Relations Section shall be assigned13
all cases involving domestic relations problems, including the following:14
A.(1) The provisions of this Section shall apply to the Civil District Court15
for the Parish of Orleans or to the Forty-First Judicial District Court, whichever is16
applicable, and shall supersede to the extent of conflict with any other provision of17
law.18
(2) The judgeship comprising Division B is abolished effective midnight,19
December 31, 2014.20
(3) There is hereby created a new judgeship effective January 1, 2015. This21
judge and his successors shall preside over Division "BB", which is hereby created22
for the purposes of nomination, election, and subject matter. The subject matter23
jurisdiction of Division "BB" shall be limited, under the provisions of Article V,24
Section 15(A) of the Constitution of Louisiana, to family matters as provided by law,25
including the domestic relations matters set forth in this Section.26
(4) The judgeship comprising Division E is abolished effective midnight,27
December 31, 2014, or at any earlier time upon such judgeship becoming vacant for28
any reason.29 HLS 11RS-995 ORIGINAL
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(5) There is hereby created a new judgeship effective January 1, 2015, or at1
any earlier time upon the judgeship in the former Division E becoming vacant. This2
judge and his successors shall preside over Division "EE", which is hereby created3
for the purposes of nomination, election, and subject matter. The subject matter4
jurisdiction of Division "EE" shall be limited, under the provisions of Article V,5
Section 15(A) of the Constitution of Louisiana, to family matters as provided by law,6
including the domestic relations matters set forth in this Section.7
B. Domestic relations matters shall include:8
(1) Actions for divorce, annulment of marriage, establishment or disavowal9
of paternity of children, alimony, support of children, custody by habeas corpus or10
otherwise, visitation rights, and all matters incidental to any of the foregoing11
proceedings.12
(2) The issuance, modification, or dissolution of conservatory writs for the13
protection of community property.14
(3) Repealed by Acts 1991, No. 976, §2.15
(3) (4) The issuance of writs of fieri facias and garnishment under judgments16
for alimony, child support, and attorney fees, partition proceedings following17
separation from bed and board, and partition proceedings following divorce18
judgments, and suits for separation of property.19
B. Domestic relations problems, as used herein, shall not include tutorship20
proceedings and suits for separation of property.21
C. For the purposes of this Section, family or domestic relations matters shall22
not include tutorship proceedings.23
[Effective Date: Text of Section effective on December 31, 2014.]24
§1138. Repealed by Acts 2008, No. 873, §1, eff. December 31, 2014.25
Section 2. Section 1 of Act No. 873 of the 2008 Regular Session of the Legislature26
is hereby amended and reenacted to read as follows:27
* * *28 HLS 11RS-995 ORIGINAL
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Section 19.(A) R.S. 13:1031 through 1137, 1139 through 1147, 1271 through1
1312, 1335 through 1347, and 1381.1 through 1400 are hereby repealed in their2
entirety effective on January 1, 2009 midnight, December 31, 2014.3
* * *4
Section 3. R.S. 13:1139(A) is hereby repealed in its entirety.5
Section 4. The judges and their successors created by this Act shall be elected at6
large and shall have jurisdiction throughout the applicable district. The individuals to be7
elected to the judgeships created by this Act shall be elected for a six year term at the8
congressional election held in 2014, and every sixth year thereafter. However, if any of the9
divisions authorized by this Act is created earlier than January 1, 2015, the election to such10
division shall be for a term which shall end December 31, 2014, and for six year terms11
thereafter.12
Section 5. The judges and their successors created by this Act shall receive the same13
compensation and expense allowances, payable from the same sources and in the same14
manner, as are now or may hereafter be provided for other judges of the applicable district.15
In the Civil District Court for the Parish of Orleans, or the Forty-First Judicial District Court,16
as applicable, the judges and their successors shall have the right to appoint a crier,17
stenographer, and minute clerk for their own division, who shall perform the same duties and18
receive the same compensation, payable in the same manner and from the same sources, as19
similar officials in other divisions of the court.20
Section 6. The provisions of this Act shall not reduce the term of office or the21
jurisdiction of any other judge of the districts affected by this Act.22
Section 7. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 HLS 11RS-995 ORIGINAL
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are additions.
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)]
Landry HB No. 541
Abstract: Provides relative to the 21
st
Judicial District.
Present law provides that the 21
st
Judicial District Court shall have nine judges.
Proposed law maintains nine judges in the 21
st
Judicial District Court by abolishing the
judgeship comprising Division H effective midnight, December 31, 2014, or at any earlier
time upon such judgeship becoming vacant for any reason and creating a new judgeship
effective January 1, 2015, or at any earlier time upon the judgeship in the former Division
H becoming vacant.
Proposed law requires that this new judgeship shall preside over Division J and provides that
the subject matter for such division limited to family matters as provided by law. The
creation of this judgeship shall not affect any other judge of the district.
Present law provides that until December 31, 2014, the judges of the Civil District Court for
the parish of Orleans who are in office on July 1, 1979, shall create the Domestic Relations
Section of that court, by rule of court adopted on or before December 1, 1979, by the judges
sitting en banc. The rule shall designate not less than two incumbent judges who shall be
assigned to the Domestic Relations Section in accordance with the rules of the Civil District
Court for the parish of Orleans.
Proposed law applies to the Civil District Court for the Parish of Orleans or to the 41
st
Judicial District Court, whichever is applicable, and shall supersede to the extent of conflict
with any other provision of law.
Proposed law abolishes the judgeship comprising Division B effective midnight, December
31, 2014.
Proposed law creates a new judgeship effective January 1, 2015. This judge and his
successors shall preside over Division "BB". The subject matter jurisdiction of Division
"BB" shall be limited to family matters as provided by law, including the domestic relations
matters set forth in law.
Proposed law abolishes the judgeship comprising Division E effective midnight, December
31, 2014, or at any earlier time upon such judgeship becoming vacant for any reason.
Proposed law creates a new judgeship effective January 1, 2015, or at any earlier time upon
the judgeship in the former Division E becoming vacant. This judge and his successors shall
preside over Division "EE". The subject matter jurisdiction of Division "EE" shall be
limited to family matters as provided by law, including the domestic relations matter set
forth in law.
Proposed law repeals certain provisions of present law relative to district courts in the parish
of Orleans effective December 31, 2014.
Proposed law provides that the individuals to be elected to the judgeships created in
proposed law shall be elected for a six year term at the congressional election held in 2014,
and every sixth year thereafter. However, if any of the divisions authorized by proposed law HLS 11RS-995 ORIGINAL
HB NO. 541
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is created earlier than January 1, 2015, the election to such division shall be for a term which
shall end December 31, 2014, and for six year terms thereafter.
Proposed law provides that the judges and their successors created by proposed law shall be
elected at large and shall have jurisdiction throughout the applicable district.
Proposed law provides that the judges and their successors created by proposed law shall
receive the same compensation and expense allowances, payable from the same sources and
in the same manner, as are now or may hereafter be provided for other judges of the
applicable district. In the Civil District Court for the Parish of Orleans, or the 41
st
Judicial
District Court, as applicable, the judges and their successors shall have the right to appoint
a crier, stenographer, and minute clerk for their own division, who shall perform the same
duties and receive the same compensation, payable in the same manner and from the same
sources, as similar officials in other divisions of the court.
Proposed law does not reduce the term of office or the jurisdiction of any other judge of the
districts affected by proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 13:621.21 and 1138, and Section 1 of Act No. 873 of the 2008 Regular
Session of the Legislature; Repeals R.S. 13:1139(A))