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Regular Session, 2011
SENATE BILL NO. 158
BY SENATOR MURRAY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS. Provides relative to Municipal Court of New Orleans. (8/15/11)
AN ACT1
To amend and reenact R.S. 13:2492(F), 2499, 2500.1(C), 2500.2, 2500.3(C) and (D), and2
2501, to enact R.S. 13:2495.1 and 2496.4 , and to repeal R.S. 13:2501.1(M), relative3
to courts and judicial procedure; to provide relative to the Municipal Court of New4
Orleans; to provide relative to the senior and administrative judge; to provide for a5
judicial administrator and judicial expense fund; to provide relative to the payment6
of certain operating expenses and costs; to provide relative to the collection and7
remitting of certain costs, amounts, sums and funds; to provide certain terms,8
conditions, procedures and requirements; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 13:2492(F), 2499, 2500.1(C), 2500.2, 2500.3(C) and (D) and 250111
are hereby amended and reenacted, and R.S. 13:2495.1 and 2496.4 are hereby enacted, to12
read as follows:13
§2492. Four judges; qualifications; election; salary; vacation14
* * *15
F. The judge of the Municipal Court of New Orleans having the most16
seniority shall become the senior and administrative judge during his tenure of office17 SB NO. 158
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and shall not engage in the practice of law or share in the profits, directly or1
indirectly, of any law firm or legal corporation. The salary of the senior and2
administrative judge of the Municipal Court of New Orleans shall be the same as3
provided for district court judges in the state, payable monthly on his own warrant,4
of which the amount payable by the state to city judges of the state shall be paid by5
the state and the remainder shall be payable by the city of New Orleans The senior6
and administrative judge of the Municipal Court of New Orleans shall possess7
the same qualifications that are required of district court judges and shall8
receive a salary of not less than eighteen thousand dollars per annum, but not9
more than the salary paid, from all sources, to the district court judges in and10
for the parish of Orleans. The governing authority of Orleans Parish shall11
determine the salary paid to the senior and administrative judge, of which the12
amount payable by the state to city judges of the state shall be paid by the state13
and the remainder shall be payable by the city of New Orleans. The salary of14
the senior and administrative judge shall be payable monthly on his own15
warrant. Should the senior judge decline the position of senior and administrative16
judge then the next senior judge of the municipal court may assume the position.17
* * *18
§2495.1. Judicial administrator19
A. There shall be one judicial administrator of the Municipal Court of20
New Orleans, who shall be appointed by the judges thereof and shall be subject21
to removal by a majority of the judges of the court, at will. The court shall22
adopt such rules and regulations governing the functions, duties, operations,23
and procedures of the judicial administrator's office as may be necessary. The24
salary and benefits shall be paid by the city of New Orleans on the warrant of25
the chief judge. If the city fails to pay the salary and benefits, they may be paid26
from the judicial expense fund of the court.27
B. The judicial administrator shall retain all of the benefits of their28
office, including but not limited to, hospitalization coverage, retirement benefits,29 SB NO. 158
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insurance benefits, and sick and annual leave benefits, and they shall be paid1
through the payroll system utilized by the city of New Orleans for its other2
employees.3
* * *4
§2496.4. Judicial expense fund for the Municipal Court of New Orleans5
A. There is hereby established the judicial expense fund for the6
Municipal Court of New Orleans, which shall be a special account for use in7
administration of the court. The judicial administrator shall deposit into the8
fund any monies specifically designated for such purpose. The judges of the9
court, en banc, shall have control over and administer the funds which are10
annually appropriated or otherwise authorized under the law and all11
disbursements made therefrom. They shall cause to be conducted an annual12
audit of the fund and the books and accounts relating thereto, and shall file the13
same with the legislative auditor where it shall be available for public14
inspection.15
B. The judicial expense fund may be used for any operating expense of16
the court, including salaries for court reporters, bailiffs, minute clerks, and17
other court personnel and is in addition to any and all other funds, salaries,18
expenses, or other monies that are provided, authorized, or established by law.19
No salary shall be paid from the judicial expense fund to any judges of the20
court.21
* * *22
§2499. Quarters, furniture and stationery; police detail23
The commission council city of New Orleans shall provide suitable rooms,24
furniture, and stationery, and other operating expenses for the municipal court of25
New Orleans, and the department of police of the city of New Orleans shall detail,26
subject to such rules as it may adopt, the necessary number of police officers to the27
court, to keep order and execute orders and decrees of the judges thereof.28
* * *29 SB NO. 158
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§2500.1. Additional costs; municipal court probation department; special fund1
* * *2
C. Costs assessed against defendants pursuant to this Section shall be3
collected by the clerk of the municipal court of New Orleans. All sums so collected4
shall be remitted to the director of finance of the city of New Orleans municipal5
court judicial administrator who shall deposit such sums in a bank or banks in the6
city of New Orleans in which deposits are insured or guaranteed by the federal7
government or any agency thereof. The deposits shall be credited to a special fund8
to be designated as the Municipal Court Probation Department Fund which shall be9
administered by the city of New Orleans judges of the municipal court.10
* * *11
§2500.2. Additional court costs to defray expenses12
A.(1) In all cases over which the Municipal Court of New Orleans has13
jurisdiction, there shall be taxed as costs against every defendant who is convicted14
after trial or after he pleads guilty or who forfeits his bond a nonrefundable sum of15
fifteen dollars, which shall be in addition to all other fines, costs, or forfeitures16
lawfully imposed.17
(2) The sums collected under Subsection A(1) of this Section shall be18
remitted to the director of finance of the city of New Orleans municipal court19
judicial administrator, who shall deposit the sums to the credit of the municipal20
court judicial expense fund to be used by the court to defray its expenses.21
B.(1) In all prosecutions in the Traffic Court of New Orleans, including all22
traffic violations other than parking, there shall be taxed as costs against every23
defendant, who is convicted after trial or plea of guilty or nolo contendere or who24
forfeits his bond, the sum of five dollars, which shall be in addition to all other fines,25
costs, or forfeitures lawfully imposed and which shall be transmitted to the clerk of26
the Municipal Court of New Orleans to be used by the court to defray its expenses.27
(2) The Municipal Court of New Orleans shall by court rule provide28
procedures for the timely collection and accounting of the fees imposed by this29 SB NO. 158
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Section. All fees collected under this Section shall be remitted to the department of1
finance for the city of New Orleans municipal court judicial administrator for2
deposit into a special fund designated as the municipal court judicial expense fund.3
* * *4
§2500.3. Bail bond fee5
* * *6
C. The fee shall be paid by the defendant when a cash or property bond is7
posted. When the defendant is released on his own recognizance or is released under8
the provisions of R.S. 15:574.15, the fee shall be fifteen dollars. When the court9
finds the defendant is indigent or entitled to have counsel appointed, the court may10
waive the fee. The fee herein collected shall be refunded to the defendant if he is11
determined to be not guilty or if the charges are dismissed. If the defendant fails12
to collect the bail bond fee collected under this statute for a period of one year13
following the date of final disposition of the case, the amount of such bond fee14
shall be remitted to the municipal court judicial expense fund.15
D.(1) The municipal court shall by court rule provide procedures for the16
timely collection, deposit, and accounting of the fees imposed by this Section. All17
fees collected by the municipal court shall be remitted to the director of finance of18
the city for deposit into a special fund designated as the municipal court judicial19
expense fund to be used by the court to defray its expenses municipal court judicial20
administrator for deposit into a special fund designated as the municipal court21
judicial expense fund to be used by the court to defray its expenses.22
(2) All fees collected by the traffic court shall be remitted to the director of23
finance of the city for deposit into a special fund designated as the traffic court24
expense fund to be used by the court to defray its expenses.25
§2501. Fines imposed remitted monthly to city treasurer26
Each judge of the municipal court of New Orleans shall see to it that all fines27
imposed by him are collected and remitted daily monthly to the city treasurer of28
New Orleans.29 SB NO. 158
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Section 2. R.S. 13:2501.1(M) is hereby repealed in its entirety.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Present law relative to Municipal Court of New Orleans provides for judges, and provides
that the judge having the most seniority shall become the senior and administrative judge
during his tenure of office. Provides that his salary shall be the same as provided for district
court judges in the state, payable monthly on his own warrant, of which the amount payable
by the state to city judges of the state shall be paid by the state and the remainder shall be
payable by the city of New Orleans.
Proposed law provides that such senior and administrative judge shall possess the same
qualifications that are required of district court judges and shall receive a salary of not less
than $18K per annum, but not more than the salary paid, from all sources, to the district
court judges in and for the Parish of Orleans. The governing authority of Orleans Parish shall
determine the salary paid to the senior and administrative judge, of which the amount
payable by the state to city judges of the state shall be paid by the state and the remainder
shall be payable by the city of New Orleans The salary of the senior and administrative judge
shall be payable monthly on his own warrant.
Proposed law creates a judicial administrator for the Municipal Court of New Orleans.
Provides that he shall be appointed by the judges and subject to removal by a majority
thereof, at will. Provides that the court shall adopt rules and regulations as may be necessary
governing the functions and duties of the judicial administrator. Provides that the judicial
administrator's salary and benefits shall be paid by the city of New Orleans on the warrant
of the chief judge. If the city fails to pay the salary and benefits, they may be paid from the
judicial expense fund of the court. Further provides that the judicial administrator shall retain
all of the benefits of their office, including but not limited to, hospitalization coverage,
retirement benefits, insurance benefits, and sick and annual leave benefits, and they shall be
paid through the payroll system utilized by the city of New Orleans for its other employees.
Proposed law creates judicial expense fund for the Municipal Court of New Orleans.
Provides that the judicial administrator shall deposit into the fund any monies specifically
designated for such purpose. Provides that the judges of the court, en banc, shall have control
over and administer the funds which are annually appropriated or otherwise authorized under
the law and all disbursements made therefrom. Further provides that the judges shall cause
to be conducted an annual audit of the fund and the books and accounts, to be filed with the
legislative auditor and available for public inspection.
Proposed law further provides that such judicial expense fund may be used for any operating
expense of the court, including salaries for court reporters, bailiffs, minute clerks, and other
court personnel and is in addition to any and all other funds, salaries, expenses, or other
monies that are provided, authorized, or established by law. No salary shall be paid from the
judicial expense fund to any judges of the court.
Present law provides that the commission council shall provide suitable rooms, furniture and
stationery for the Municipal Court of New Orleans, and the department of police of the city
of New Orleans shall detail, subject to such rules as it may adopt, the necessary number of
police officers to the court, to keep order and execute orders and decrees of the judges
thereof.
Proposed law provides that the city of New Orleans shall provide suitable rooms, furniture,
stationery and other operating expenses for the Municipal Court of New Orleans, and the
department of police of the city of New Orleans shall detail, subject to such rules as it may SB NO. 158
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adopt, the necessary number of police officers to the court, to keep order and execute orders
and decrees of the judges thereof.
Present law provides that any defendant, other than an indigent, who pleads guilty or is
convicted of an offense by the Municipal Court of the city of New Orleans shall be assessed
costs not to exceed the sum of $15.00, such costs to be in addition to any fine, clerk's fees
or costs or any other fee or costs provided by law or sentence imposed by the court. Further
provides that such costs assessed against defendants shall be collected by the clerk of the
Municipal Court of New Orleans, and remitted to the director of finance of the city of New
Orleans, who shall deposit such sums in a bank or banks in the city of New Orleans in which
deposits are insured or guaranteed by the federal government or any agency thereof. The
deposits shall be credited to a special fund to be designated as the Municipal Court Probation
Department Fund which shall be administered by the city of New Orleans.
Proposed law provides that such costs shall be remitted to the municipal court judicial
administrator, who shall deposit such sums in a bank or banks in the city of New Orleans in
which deposits are insured or guaranteed by the federal government or any agency thereof.
The deposits shall be credited to a special fund to be designated as the Municipal Court
Probation Department Fund which shall be administered by the judges of the municipal
court.
Present law further provides that in all cases over which the Municipal Court of New
Orleans has jurisdiction, there shall be taxed as costs against every defendant who is
convicted after trial or after he pleads guilty or who forfeits his bond a nonrefundable sum
of $15.00, which shall be in addition to all other fines, costs, or forfeitures lawfully imposed.
Provides that such sums collected shall be remitted to the director of finance of the city of
New Orleans, who shall deposit the sums to the credit of the municipal court judicial
expense fund to be used by the court to defray its expenses. Proposed law provides that such
sums shall be remitted to the municipal court judicial administrator, who shall deposit the
sums to the credit of the municipal court judicial expense fund to be used by the court to
defray its expenses.
Present law further provides that in Traffic Court a $5.00 additional cost shall be imposed,
which shall be transmitted to the clerk of the Municipal Court of New Orleans to be used by
the court to defray its expenses. Proposed law provides that such sums shall be remitted to
the municipal court judicial administrator for deposit into the municipal court judicial
expense fund.
Present law provides for a bail bond fee to be paid by the defendant when a cash or property
bond is posted, and for a refund of the fee if the defendant is found not guilty or if the
charges are dismissed. Proposed law adds that if such defendant fails to collect the bail bond
fee for a period of one year following the date of final disposition of the case, the amount
of such bond fee shall be remitted to the municipal court judicial expense fund.
Present law provides that each judge of the municipal court of New Orleans shall see to it
that all fines imposed by him are collected and remitted daily to the city treasurer of New
Orleans. Proposed law changes daily to monthly.
Present law provides that judges of the Traffic Court may, en banc, may appoint a judicial
administrator for the municipal court, determine his powers and duties, and set his salary and
benefits. Proposed law repeals present law.
Effective August 15, 2011.
(Amends R.S. 13:2492(F), 2499, 2500.1(C), 2500.2, 2500.3(C) and (D) and 2501; adds R.S.
13:2495.1 and 2496.4; repeals R.S. 13:2501.1(M))