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Regular Session, 2012
HOUSE BILL NO. 479
BY REPRESENTATIVE ABRAMSON
COURTS: Provides for an additional permanent domestic division in Orleans Parish
AN ACT1
To amend and reenact R.S. 13:1138(B), (C), and (D) and to enact R.S. 13:1138(E), relative2
to Orleans Parish Civil District Court judgeships; to abolish a specific judgeship3
upon vacancy in the Civil District Court of Orleans Parish; to provide relative to the4
creation and designation of an additional judgeship in a certain judicial district with5
certain limited or specialized subject matter jurisdiction; to provide for compensation6
of such judges; to provide for election and terms of office; to provide certain terms,7
conditions, procedures, and requirements; to provide an effective date; and to8
provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 13:1138(B), (C), and (D) are hereby amended and reenacted and R.S.11
13:1138(E) is hereby enacted to read as follows: 12
ยง1138. Domestic Relations Divisions13
* * *14
B.(1) The first two judgeships becoming vacant by death, resignation,15
retirement, or removal on or after August 15, 2011, shall be abolished and two new16
judgeships shall be created and limited, pursuant to the provisions of Article V,17
Section 15(A) of the Constitution of Louisiana, to family matters as provided by law,18
including the domestic relations matters provided for in Subsection C D of this19
Section.20 HLS 12RS-344 ORIGINAL
HB NO. 479
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(2) The provisions of this Section shall not apply to Divisions B and E unless1
there is a vacancy in one or both of those divisions on or after February 1, 2012.2
(3) Upon creation of the judgeships provided in Paragraph (1) of this3
Subsection, those judgeships shall be designated as Domestic Sections Divisions 14
and 2.5
C. When Division E becomes vacant by death, resignation, retirement, or6
removal, that judgeship shall be abolished and a new judgeship shall be created and7
limited, pursuant to the provisions of Article V, Section 15(A) of the Constitution of8
Louisiana, to family matters as provided by law, including the domestic relations9
matters provided for in Subsection D of this Section and shall be designated as10
Domestic Division 3.11
D.(1) Domestic relations matters shall include:12
(a) Actions for divorce, annulment of marriage, establishment or disavowal13
of paternity of children, alimony, support of children, custody by habeas corpus or14
otherwise, visitation rights, and all matters incidental to any of the foregoing15
proceedings.16
(b) The issuance, modification, or dissolution of conservatory writs for the17
protection of community property.18
(c) The issuance of writs of fieri facias and garnishment under judgments for19
alimony, child support, and attorney fees, partition proceedings following divorce20
judgments, and suits for separation of property.21
(2) For the purposes of this Subsection, family or domestic relations matters22
shall not include tutorship proceedings.23
D.E. The provisions of this Section shall apply to the Civil District Court for24
the parish of Orleans or to the Forty-First Judicial District Court, whichever is25
applicable, and shall supersede to the extent of conflict with any other provision of26
law.27
Section 2. The judge and his successors created by this Act shall be elected at large28
and shall have jurisdiction throughout the applicable district. The individual to be elected29 HLS 12RS-344 ORIGINAL
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to the judgeship created by this Act shall be elected for a six-year term at the congressional1
election held in 2014, and every sixth year thereafter. However, if any of the divisions2
authorized by this Act are created earlier than January 1, 2015, the election to such division3
shall be for a term which shall end December 31, 2014, and for six year terms thereafter.4
Section 3. The judge and his successors created by this Act shall receive the same5
compensation and expense allowances, payable from the same sources and in the same6
manner, as are now or may hereafter be provided for other judges of the applicable district.7
In the Civil District Court for the parish of Orleans, or the Forty-First Judicial District Court,8
as applicable, the judge and his successors shall have the right to appoint a crier,9
stenographer, and minute clerk for their own division, who shall perform the same duties and10
receive the same compensation, payable in the same manner and from the same sources, as11
similar officials in other divisions of the court.12
Section 4. The provisions of this Act shall not reduce the term of office, the13
compensation, or the jurisdiction of any other judge of the districts affected by this Act.14
Section 5. This Act shall become effective August 15, 2012.15
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)]
Abramson HB No. 479
Abstract: Designates an additional judgeship in the Orleans Parish Civil Judicial District
Court with permanent jurisdiction over family or domestic related matters.
Present law provides that the first two judgeships of Civil District Court of Orleans Parish
becoming vacant by death, resignation, retirement, or removal shall be abolished effective
Aug. 15, 2011.
Present law provides that two new judgeships will be created and limited to family matters
and domestic relations matters.
Present law provides that Divisions B and E of the Civil District Court of Orleans Parish will
not become a Domestic Relations Division, unless a vacancy in either division occurs on or
after Feb. 1, 2012.
Present law provides that the two newly created domestic relations sections shall be
designated as Domestic Sections 1 and 2.
Proposed law retains present law. HLS 12RS-344 ORIGINAL
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Proposed law requires a third judgeship to be abolished upon vacancy by death, resignation,
retirement, or removal and requires the creation of a third judgeship to be limited to family
law matters and domestic related matters.
Proposed law provides for the third judgeship of limited subject matter jurisdiction to be
designated as Domestic Division 3.
Present law provides that domestic relations matter should include:
(1)Actions for divorce, annulment of marriage, establishment or disavowal of paternity
of children, alimony, support of children, custody by habeas corpus or otherwise,
visitation rights, and all matters incidental to any of the foregoing proceedings.
(2)The issuance, modification, or dissolution of conservatory writs for the protection
of community property.
(3)The issuance of writs of fieri facias and garnishment under judgments for alimony,
child support, and attorney fees, partition proceedings following divorce judgments,
and suits for separation of property.
Present law provides that family or domestic relations matters do not include tutorship
proceedings.
Proposed law retains present law.
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
is created earlier than Jan. 1, 2015, the election to such division shall be for a term which
shall end Dec. 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.
Proposed law does not reduce the term of office or the jurisdiction of any other judge of the
districts affected by proposed law.
Effective Aug. 15, 2012.
(Amends R.S. 13:1138(B), (C), and (D); Adds R.S. 13:1138(E))