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Regular Session, 2011 ENROLLED
SENATE BILL NO. 158
BY SENATOR MURRAY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
and shall not engage in the practice of law or share in the profits, directly or18
indirectly, of any law firm or legal corporation. The salary of the senior and19
administrative judge of the Municipal Court of New Orleans shall be the same as20
provided for district court judges in the state, payable monthly on his own warrant,21
of which the amount payable by the state to city judges of the state shall be paid by22
the state and the remainder shall be payable by the city of New Orleans The senior23
ACT No. 339 SB NO. 158 ENROLLED
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and administrative judge of the Municipal Court of New Orleans shall possess1
the same qualifications that are required of district court judges and shall2
receive a salary of not less than eighteen thousand dollars per annum, but not3
more than the salary paid, from all sources, to the district court judges in and4
for the parish of Orleans. The governing authority of Orleans Parish shall5
determine the salary paid to the senior and administrative judge, of which the6
amount payable by the state to city judges of the state shall be paid by the state7
and the remainder shall be payable by the city of New Orleans. The salary of8
the senior and administrative judge shall be payable monthly on his own9
warrant. Should the senior judge decline the position of senior and administrative10
judge then the next senior judge of the municipal court may assume the position.11
* * *12
§2495.1. Judicial administrator13
A. There shall be one judicial administrator of the Municipal Court of14
New Orleans, who shall be appointed by the judges thereof and shall be subject15
to removal by a majority of the judges of the court at will. The court shall adopt16
such rules and regulations governing the functions, duties, operations, and17
procedures of the judicial administrator's office as may be necessary. The salary18
and benefits shall be paid by the city of New Orleans on the warrant of the chief19
judge. If the city fails to pay the salary and benefits, they may be paid from the20
judicial expense fund of the court.21
B. The judicial administrator shall retain all of the benefits of the office,22
including but not limited to hospitalization coverage, retirement benefits,23
insurance benefits, and sick and annual leave benefits, which shall be paid24
through the payroll system utilized by the city of New Orleans for its other25
employees.26
* * *27
§2496.4. Judicial expense fund for the Municipal Court of New Orleans28
A. There is hereby established the judicial expense fund for the29
Municipal Court of New Orleans, which shall be a special account for use in30 SB NO. 158 ENROLLED
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administration of the court. The judicial administrator shall deposit into the1
fund any monies specifically designated for such purpose. The judges of the2
court, en banc, shall have control over and administer the funds which are3
annually appropriated or otherwise authorized under the law and all4
disbursements made therefrom. The judges shall cause to be conducted an5
annual audit of the fund and the books and accounts relating thereto, and shall6
file the audit with the legislative auditor where it shall be available for public7
inspection.8
B. The judicial expense fund may be used for any operating expense of9
the court, including salaries for court reporters, bailiffs, minute clerks, and10
other court personnel, in addition to any and all other funds, salaries, expenses,11
or other monies that are provided, authorized, or established by law. No salary12
shall be paid from the judicial expense fund to any judges of the court.13
* * *14
§2499. Quarters, furniture and stationery; police detail15
The commission council city of New Orleans shall provide suitable rooms,16
furniture, and stationery, and other operating expenses for the municipal court of17
New Orleans, and the department of police of the city of New Orleans shall detail,18
subject to such rules as it may adopt, the necessary number of police officers to the19
court, to keep order and execute orders and decrees of the judges thereof.20
* * *21
§2500.1. Additional costs; municipal court probation department; special fund22
* * *23
C. Costs assessed against defendants pursuant to this Section shall be24
collected by the clerk of the municipal court of New Orleans. All sums so collected25
shall be remitted to the director of finance of the city of New Orleans municipal26
court judicial administrator who shall deposit such sums in a bank or banks in the27
city of New Orleans in which deposits are insured or guaranteed by the federal28
government or any agency thereof. The deposits shall be credited to a special fund29
to be designated as the Municipal Court Probation Department Fund which shall be30 SB NO. 158 ENROLLED
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administered by the city of New Orleans judges of the municipal court.1
* * *2
§2500.2. Additional court costs to defray expenses3
A.(1) In all cases over which the Municipal Court of New Orleans has4
jurisdiction, there shall be taxed as costs against every defendant who is convicted5
after trial or after he pleads guilty or who forfeits his bond a nonrefundable sum of6
fifteen dollars, which shall be in addition to all other fines, costs, or forfeitures7
lawfully imposed.8
(2) The sums collected under Subsection A(A)(1) of this Section shall be9
remitted to the director of finance of the city of New Orleans municipal court10
judicial administrator, who shall deposit the sums to the credit of the municipal11
court judicial expense fund to be used by the court to defray its expenses.12
B.(1) In all prosecutions in the Traffic Court of New Orleans, including all13
traffic violations other than parking, there shall be taxed as costs against every14
defendant, who is convicted after trial or plea of guilty or nolo contendere or who15
forfeits his bond, the sum of five dollars, which shall be in addition to all other fines,16
costs, or forfeitures lawfully imposed and which shall be transmitted to the clerk of17
the Municipal Court of New Orleans to be used by the court to defray its expenses.18
(2) The Municipal Court of New Orleans shall by court rule provide19
procedures for the timely collection and accounting of the fees imposed by this20
Section. All fees collected under this Section shall be remitted to the department of21
finance for the city of New Orleans municipal court judicial administrator for22
deposit into a special fund designated as the municipal court judicial expense fund.23
* * *24
§2500.3. Bail bond fee25
* * *26
C. The fee shall be paid by the defendant when a cash or property bond is27
posted. When the defendant is released on his own recognizance or is released under28
the provisions of R.S. 15:574.15, the fee shall be fifteen dollars. When the court29
finds the defendant is indigent or entitled to have counsel appointed, the court may30 SB NO. 158 ENROLLED
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waive the fee. The fee herein collected shall be refunded to the defendant if he is1
determined to be not guilty or if the charges are dismissed. If the defendant fails2
to collect the bail bond fee collected pursuant to this statute for a period of one3
year following the date of final disposition of the case, the amount of such bond4
fee shall be remitted to the municipal court judicial expense fund.5
D.(1) The municipal court shall by court rule provide procedures for the6
timely collection, deposit, and accounting of the fees imposed by this Section. All7
fees collected by the municipal court shall be remitted to the director of finance of8
the city for deposit into a special fund designated as the municipal court judicial9
expense fund to be used by the court to defray its expenses municipal court judicial10
administrator for deposit into a special fund designated as the municipal court11
judicial expense fund to be used by the court to defray its expenses.12
(2) All fees collected by the traffic court shall be remitted to the director of13
finance of the city for deposit into a special fund designated as the traffic court14
expense fund to be used by the court to defray its expenses.15
§2501. Fines imposed remitted monthly to city treasurer16
Each judge of the municipal court of New Orleans shall see to it that all fines17
imposed by him are collected and remitted daily monthly to the city treasurer of18
New Orleans.19
Section 2. R.S. 13:2501.1(M) is hereby repealed in its entirety.20
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: