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Regular Session, 2011 ENROLLED
SENATE BILL NO. 161
BY SENATOR QUINN AND REPRESENTATIVES EDWARDS, SMILEY AND WHITE
(On Recommendation of the Louisiana State Law Institute)
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 13:621.21 and 1138, and Section 19(A) of Act No. 621 of the2
2006 Regular Session of the Legislature as amended and reenacted by Section 1 of3
Act No. 873 of the 2008 Regular Session of the Legislature, and to repeal R.S.4
13:1139(A), relative to courts and judicial procedure; to provide relative to district5
courts and district court judges; to dedicate certain judgeships in certain judicial6
districts and provide for divisions with certain limited or specialized subject matter7
jurisdiction; to provide for compensation of such judges; to provide for elections and8
terms of office; to provide certain terms, conditions, procedures, and requirements;9
to provide certain effective dates; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 13:621.21 and 1138 are hereby amended and reenacted to read as12
follows:13
§621.21. Twenty-First Judicial District14
A. The Twenty-First Judicial District Court shall have nine judges.15
B. (1) The judgeship comprising Division H shall be abolished effective16
midnight, December 31, 2014, or at any earlier time upon such judgeship17
becoming vacant for any reason.18
(2) There is hereby created a new judgeship effective January 1, 2015,19
or at any earlier time upon the judgeship in the former Division H becoming20
vacant. This judge and his successors shall preside over Division J, which is21
hereby created for purposes of nomination, election, and subject matter. The22
subject matter jurisdiction of Division J is limited, under the provisions of23 SB NO. 161 ENROLLED
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Article V, Section 15(A) of the Constitution of Louisiana, to family matters as1
provided by law. The jurisdiction of any other judge of the district shall not be2
affected by the creation of this judgeship.3
* * *4
§1138. Domestic Relations Section Divisions5
A. The judges of the Civil District Court for the parish of Orleans who are6
in office on July 1, 1979 shall create the Domestic Relations Section of that court,7
by rule of court adopted on or before December 1, 1979, by the judges sitting en8
banc. The rule shall designate not less than two incumbent judges who shall be9
assigned to the Domestic Relations Section in accordance with the rules of the Civil10
District Court for the parish of Orleans. The Domestic Relations Section shall be11
assigned all cases involving domestic relations problems, including the following:12
as defined in this Section.13
B.(1) The first two judgeships becoming vacant by death, resignation,14
retirement, or removal on or after August 15, 2011 shall be abolished and two15
new judgeships shall be created and limited, pursuant to the provisions of16
Article V, Section 15(A) of the Constitution of Louisiana, to family matters as17
provided by law, including the domestic relations matters provided for in18
Subsection C of this Section.19
(2) The provisions of this Section shall not apply to Divisions B and E20
unless there is a vacancy in one or both of those divisions on or after February21
1, 2012.22
(3) Upon creation of the judgeships provided in Paragraph (1) of this23
Subsection, those judgeships shall be designated as Domestic Sections 1 and 2.24
C.(1) Domestic relations matters shall include:25
(1)(a) Actions for divorce, annulment of marriage, establishment or26
disavowal of paternity of children, alimony, support of children, custody by habeas27
corpus or otherwise, visitation rights, and all matters incidental to any of the28
foregoing proceedings.29
(2)(b) The issuance, modification, or dissolution of conservatory writs for30 SB NO. 161 ENROLLED
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the protection of community property.1
(3) Repealed by Acts 1991, No. 976, §2.2
(4)(c) The issuance of writs of fieri facias and garnishment under judgments3
for alimony, child support, and attorney fees, partition proceedings following4
separation from bed and board, and partition proceedings following divorce5
judgments, and suits for separation of property.6
B. Domestic relations problems, as used herein, shall not include tutorship7
proceedings and suits for separation of property.8
(2) For the purposes of this Subsection, family or domestic relations9
matters shall not include tutorship proceedings.10
D. The provisions of this Section shall apply to the Civil District Court11
for the parish of Orleans or to the Forty-First Judicial District Court,12
whichever is applicable, and shall supersede to the extent of conflict with any13
other provision of law.14
Section 2. Section 19(A) of Act No. 621 of the 2006 Regular Session of the15
Legislature, as amended and reenacted by Section 1 of Act No. 873 of the 2008 Regular16
Session of the Legislature, is hereby amended and reenacted to read as follows:17
* * *18
Section 19.(A) R.S. 13:1031 through 1137, 1139 through 1147, 127119
through 1312, 1335 through 1347, and 1381.1 through 1400 are hereby repealed in20
their entirety effective on January 1, 2009 midnight, December 31, 2014.21
* * *22
Section 3. R.S. 13:1139(A) is hereby repealed in its entirety.23
Section 4. The judges and their successors created by this Act shall be elected at large24
and shall have jurisdiction throughout the applicable district. The individuals to be elected25
to the judgeships created by this Act shall be elected for a six year term at the congressional26
election held in 2014, and every sixth year thereafter. However, if any of the divisions27
authorized by this Act is created earlier than January 1, 2015, the election to such division28
shall be for a term which shall end December 31, 2014, and for six year terms thereafter.29
Section 5. The judges and their successors created by this Act shall receive the same30 SB NO. 161 ENROLLED
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compensation and expense allowances, payable from the same sources and in the same1
manner, as are now or may hereafter be provided for other judges of the applicable district.2
In the Civil District Court for the parish of Orleans, or the Forty-First Judicial District Court,3
as applicable, the judges and their successors shall have the right to appoint a crier,4
stenographer, and minute clerk for their own division, and shall have the same staff and5
resources as other judges in that district court, who shall perform the same duties and receive6
the same compensation, payable in the same manner and from the same sources, as similar7
officials in other divisions of the court.8
Section 6. The provisions of this Act shall not reduce the term of office or the9
jurisdiction of any other judge of the districts affected by this Act.10
Section 7. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: