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Regular Session, 2012
HOUSE BILL NO. 953
BY REPRESENTATIVE LEGER AND SENATOR MURRAY
COURTS: Provides relative to the consolidation of courts in Orleans Parish
AN ACT1
To amend and reenact R.S. 13:477(introductory paragraph), 691(A), 1306, 1307, 1311,2
1312, 1381.2, and R.S. 44:181; and to enact R.S. 13:1213.2 and 13:1336(D) and to3
repeal R.S. 13:474.1, 477(41), 621.41, 621.42, 621.43, 621.44, 621.45, 621.46,4
714.1, 714.2, 751.1, 751.2 through 751.5, 841.3, 996.62 through 996.64, R.S.5
44:181.5 and 181.6, Sections 6, 8, 9, 19, 22, and 31 of Act No. 621 of the 20066
Regular Session of the Legislature, as amended by Acts 635, 674, 675, 743, 792,7
868, 873, 879, of the 2008 Regular Session, Act 409 of the 2009 Regular Session of8
the Legislature, and Act 726 of the 2010 Regular Session, relative to courts and9
judicial procedure; to provide relative to the civil and criminal district courts and10
juvenile court of the parish of Orleans; to repeal all provisions relative to the11
consolidation of the civil and criminal district courts of Orleans Parish into the Forty-12
First Judicial District Court and their respective clerks; to repeal all effective dates13
that would repeal provisions related to the civil and criminal district courts and the14
abolishment of the juvenile court of Orleans Parish; to provide for the distribution15
of fees collected in the Civil District Court; to provide for the salaries of the civil and16
criminal district court judges and certain family and juvenile court judges; to provide17
exclusive jurisdiction to the magistrate and criminal district court judges and18
commissioners to set certain bonds and release certain defendants; to direct the19 HLS 12RS-485 ORIGINAL
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Louisiana State Law Institute to redesignate certain statutory provisions; and to1
provide for related matters.2
Be it enacted by the Legislature of Louisiana:3
Section 1.(A) Act 621 of the 2006 Regular Session was enacted by the Louisiana4
Legislature to reorganize and consolidate the structure of the judiciary in Orleans Parish.5
Many of the goals of the reorganization and consolidation have been accomplished,6
including the merger of the civil sheriff and the criminal sheriff into one office, and the7
merger of the functions of three offices into the functions of the civil clerk's office. Act 6218
of the 2006 Regular Session contained an effective date of January 1, 2009, to provide9
additional time for other aspects of the consolidation to take place, including the merger of10
the Orleans Civil and Criminal District Court and the Orleans Juvenile Court into the Forty-11
First Judicial District Court, and the merger of the offices of the clerk of each of those courts12
into one clerk's office.13
(B) Subsequent Acts of the legislature extended the effective date of certain aspects14
of the consolidation to December 31, 2014. Despite the efforts made to accomplish the15
consolidation and reorganization, the complexity of the issues involved prevented such a16
reorganization. Therefore, it is the intent of this legislature that the 41
st
Judicial District17
Court should not come into existence and the existing structures of the Orleans Parish18
judiciary system prior to Act 621 of the 2006 Regular Session and subsequent Acts of the19
legislature should remain in effect.20
Section 2. R.S. 13:477(introductory paragraph), (41), and (42), 691(A), 1306, 1307,21
1311, 1312, 1381.2, and R.S. 13:1213.2 and1336(D) are hereby enacted to read as follows:22
§477. Judicial districts23
There shall be forty forty-one judicial districts in the state and each district24
shall be composed as follows:25
* * *26
§691. Annual salaries of district judges; certain civil district court judges; certain27
criminal district court judges; and certain juvenile and family court judges28 HLS 12RS-485 ORIGINAL
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A. The annual salary of each of the several district judges of judicial1
districts, including the civil district court judges and the criminal district court judges2
of the parish of Orleans; the magistrate of the criminal district court for the parish of3
Orleans; the judges of the juvenile court of the parish of Orleans, the parish of4
Caddo, the parish of East Baton Rouge, and the parish of Jefferson; and the judges5
of the family court of East Baton Rouge Parish, shall be seventy-five thousand6
dollars, payable monthly upon the warrant of the judge shall be in the amount7
provided in accordance with the provisions of R.S. 13:42 et seq., payable monthly8
upon the warrant of the judge.9
* * *10
§1213.2. Fees; clerk of the Civil District Court11
The clerk of the Civil District Court shall collect the fees set forth in R.S.12
13:1213.1 and shall deposit no less than sixty percent of the amounts collected in the13
Clerk's Operational Fund. The remaining funds shall be deposited in the judicial14
expense fund for the Civil District Court for the Parish of Orleans.15
* * *16
§1306. Interest on unclaimed judicial deposits; use by civil sheriff17
Where interest, which has accrued on any judicial deposit made by the civil18
sheriff of the parish of Orleans with the judicial depository of the parish of Orleans,19
of funds belonging to a litigant or litigants, shall not be called for or claimed for a20
period of ten years from date of accrual, the civil sheriff of the parish of Orleans may21
withdraw the accrued interest from the judicial depository, and use it for the costs22
and expenses of his office, in the manner provided by law for the use and disposition23
of other funds received by him for that purpose.24
* * *25
§1307. Same; judicial depository to turn interest over to sheriff26
The judicial depository of the parish of Orleans is directed to turn over to the27
civil sheriff of the parish of Orleans any accrued interest on any judicial deposit28
made by him, under the conditions prescribed in R.S. 13:1306.29 HLS 12RS-485 ORIGINAL
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* * *1
§1311. Sheriff, constables, and deputies; powers of peace officers; exemption from2
liability3
The civil sheriff for the parish of Orleans and the constables of the First and4
Second City Courts of New Orleans and their deputies, are hereby granted the5
powers of peace officers when carrying out the duties of the court, and are authorized6
to require incarceration of the subject involved in any of the city, parish or state7
prisons, precinct stations, or houses of detention in the parish of Orleans. They shall8
be exempt from liability for their actions in the exercise of this power in the same9
manner and fashion as liability is excluded generally for peace officers of this state10
and political subdivisions.11
* * *12
§1312. Judicial expense fund; sources, control, and administration13
A. The clerk of the Civil District Court, and the clerks of the First and14
Second City Court, the register of conveyances, and the recorder of mortgages shall15
place all sums collected or received under this Section in a separate account to be16
designated as the Judicial Expense Fund for the Civil District Court for the Parish of17
Orleans. The judges, en banc, of the Civil District Court for the Parish of Orleans18
and the First and Second City Courts of the city of New Orleans shall have control19
over the fund and all disbursements made therefrom. They shall cause to be20
conducted annually an audit of the fund and the books and accounts relating thereto,21
and shall file the same with the office of the legislative auditor where it shall be22
available for public inspection.23
B. The judges of the Civil District Court for the Parish of Orleans and the24
First and Second City Courts of the city of New Orleans, sitting en banc, shall have25
control over the judicial expense fund for the parish of Orleans, accruing and26
accrued, and to this end shall fix and regulate from time to time the number of27
deputies and employees of the offices of the clerk of the Civil District Court, and the28
city courts, register of conveyances, and recorder of mortgages of said the parish and29 HLS 12RS-485 ORIGINAL
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their expenses, and also shall have the power to fix the tariff of costs and charges to1
be paid for official services in said the offices, which are paid into, and constitute2
said the fund; due publication of which tariff, when made, shall be given. They shall3
have power to determine whether any amounts from said the fund shall be devoted4
to the expense or payment of taking testimony by shorthand and to regulate and5
provide for the same. The said judges are authorized to contribute out of said the6
fund, to the embellishment, maintenance, improvement or repair, or both, of each7
courtroom, the courthouse itself or its furnishings, or both, and may contribute to any8
pension, retirement system and group hospitalization plans to which officers and9
employees paid out of said the fund may belong.10
* * *11
§1336. Criminal district court for the Parish of Orleans; jurisdiction; powers;12
probation officers13
* * *14
D. Judges for the Criminal District Court, including the Magistrate Judge and15
Commissioners for the parish of Orleans shall have exclusive jurisdiction to set state16
misdemeanor and felony bonds and exclusive jurisdiction to release a defendant on17
state misdemeanor and state felony bonds.18
* * *19
§1381.2. Criminal sheriff's Sheriff's detention and prison security fee fund20
A. Any defendant, other than an indigent, who pleads guilty or is convicted21
of an offense by the Criminal District Court for the Parish of Orleans shall be22
assessed a fee of not less than twenty-five dollars, such costs to be in addition to any23
fine, clerk's fees, costs due to the criminal court cost fund or sentence imposed by the24
court. When any defendant, other than an indigent, fails to pay the costs referred to25
hereinabove, he shall be sentenced to a term of thirty days in the parish prison in26
default of the payment of same.27
B. Costs assessed against defendants pursuant to this section shall be28
collected by the criminal sheriff of the parish of Orleans. All sums so collected shall29 HLS 12RS-485 ORIGINAL
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be deposited in a bank or banks in the city of New Orleans in which deposits are1
insured or guaranteed by the federal government or any agency thereof. No deposit2
shall be made in any such bank in excess of the amount of the federal insurance or3
guaranty unless the amount deposited in excess of the federal insurance or guaranty4
is secured by any security authorized by law as security for the deposit of state funds.5
The deposits shall be credited to a special fund to be designated as the criminal6
sheriff's detention and prison security fee fund.7
C. The criminal sheriff's fee fund shall be administered by the criminal8
sheriff of the Parish of Orleans. Disbursements shall be made from the fund upon9
the signature of the criminal sheriff of the Parish of Orleans. Such fund is to be10
expended to assist in the operation security and maintenance of the office of the11
criminal sheriff of the parish of Orleans.12
D. When any bail bond posted in the Criminal District Court for the parish13
of Orleans guaranteeing the appearance of any defendant in any case in the Criminal14
District Court for the parish of Orleans has been forfeited, said the surety company15
and/or , the local agent and/or , or the insurance company for which said the agent16
is writing bail bonds, shall be assessed costs not more than twenty-five dollars. The17
forfeiture of any bond referred to hereinabove shall not be set aside until the above18
costs have been paid, in addition to the other legal requirements of law having been19
met for the setting aside of the forfeiture. Costs assessed against surety companies20
pursuant to this section Section shall be collected and administered in the same21
manner as that set out in Subsection B of this section Section.22
* * *23
Section 3. R.S. 44:181 is hereby amended and reenacted to read as follows: 24
§181. Clerk of court as recorder; duties25
A. The clerk of court shall be the parish recorder of conveyances, mortgages,26
and other acts, as provided by law, for and throughout the parish of Orleans.27
B. For purposes of this Chapter, the term "clerk of court" shall mean the28
clerk of court of the Forty-First Judicial District Court. However, until such time as29 HLS 12RS-485 ORIGINAL
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the clerk of the Forty-First Judicial District Court has been elected and takes office,1
the term "clerk of court" shall mean the clerk of the Civil District Court for the parish2
of Orleans.3
* * *4
Section 4.(A) R.S. 13:474.1, 477(41), 714.1, 751.1 through 751.5, 996.62 through5
996.64, R.S. 44:181.5 and 181.6 are hereby repealed in their entirety.6
(B) R.S. 13:621.41 as amended by Acts No. 743, 792 and 879 of the 2008 Regular7
Session of the Legislature and Act No. 726 of the 2010 Regular Session of the Legislature,8
621.42, as amended by Act No. 873 of the 2008 Regular Session of the Legislature, 621.439
as amended by Act No. 873, and 879 of the 2008 Regular Session of the Legislature, 621.4410
as amended by Acts No. 635, 674, 873, and 879 of the 2008 Regular Session of the11
Legislature, 621.45 as amended by Act No. 873 and 879 of the 2008 Regular Session of the12
Legislature, 621.46 as amended by Act No. 873 of the 2008 Regular Session of the13
Legislature, 714.2 as amended by Act No. 873 of the 2008 Regular Session, Act No. 751.114
as amended by Acts No. 675 and 873 of the 2008 Regular Session of the Louisiana15
Legislature, 841.3 as amended by Acts No. 868 of the 2008 Regular Session of the Louisiana16
Legislature, and 983 as amended by Act No. 868 of the 2008 Regular Session are hereby17
repealed in their entirety. 18
(C) Sections 6, 8, 9, 19, 22, and 31 of Act No. 621 of the 2006 Regular Session of19
the Louisiana Legislature as amended by Act No. 873 of the 2008 Regular Session of the20
Legislature are hereby repealed in their entirety.21
Section 5. R.S. 13:1, 471, 474, 477, 691(A), 759, 842(A), 846(A) as amended and22
reenacted by Act No. 621 of the 2006 Regular Session of the Legislature shall not become23
effective on December 31, 2014 and shall be superseded by the provisions of this Act.24
Section 6. The Louisiana State Law Institute is hereby directed to redesignate R.S.25
13:621.41.1 as amended by Act 792 of the 2008 Regular Session of the Legislature and to26
place in the appropriate section of R.S. 13:1136 et seq.27 HLS 12RS-485 ORIGINAL
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Section 7. The provisions of this Act shall supersede and control to the extent of any1
conflict with Act 621 of the 2006 Regular Session of the Legislature and any amendments2
made thereto by subsequent Acts.3
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)]
Leger HB No. 953
Abstract: Repeals provisions relating to the consolidation of Orleans Parish district and
juvenile courts into the 41
st
JDC and clerks of Orleans Parish, and provides for the
Civil and Criminal District Court and Juvenile Courts for the parish of Orleans and
their respective clerks to remain in existence.
Present law as provided for in Act 621 of the 2006 Regular Session, consolidates the civil,
criminal, and juvenile courts, and the clerks of the respective courts into the 41st Judicial
District Court; establishes one clerk of court for Orleans Parish; and establishes the salaries,
composition, jurisdiction of such judicial officials, including magistrates and commissioners;
transfers all the duties, powers, and functions of the former offices to the consolidated office;
and creates the Consolidated Judicial Expense Fund for the 41st Judicial District Court for
the civil and criminal district courts, the juvenile court for the parish of Orleans, and the First
and Second City Court of the city of New Orleans. Further provides that such fund and all
disbursements shall be administered and controlled by a committee composed of certain
judicial officials, and otherwise establishes consolidated public offices similar to the other
41 existing judicial districts in the state.
Present law abolishes the Orleans Parish Juvenile Court effective January 1, 2015, and
extends the terms of the six judges now in office to December 31, 2014. The 41st JDC is
vested with jurisdiction of the juvenile court. Establishes six additional judges of the 41st
JDC to be assigned to the juvenile section of that court, effective January 1, 2015.
Present law and amendments made by subsequent Acts provides an effective date of Dec.
31, 2014.
Proposed law repeals present law.
Present law provides for the Civil and Criminal District Courts for Orleans Parish, and the
jurisdiction, compensation, authority, rulemaking ability, assignment, and designation of
divisions, cases, expenses, costs, fees, and personnel, number of judges, commissioners, and
magistrates allocated to divisions or sections, clerks of civil and criminal courts,
compensation, fees, resultant judicial expenses, funds, deposits, bonds, retirement, and
related duties and privileges, court reporters' selection, salary, and fees, magistrates and
commissioners, their respective duties, jurisdiction, compensation, authority, and
designations of the Civil and Criminal District Courts for Orleans Parish.
Present law, as provided for in Act 621 of the 2006 Regular Session, repeals all statutory
authority for the Civil and Criminal District Courts for Orleans Parish and their respective
clerks effective Dec. 31, 2014.
Proposed law repeals the effective date of Dec. 31, 2014 in present law and provides for the
Civil and Criminal District Courts for Orleans Parish and provides that the clerks of the
respective courts shall continue to function as they do under present law. HLS 12RS-485 ORIGINAL
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Present law transfers the offices of the custodian of notarial records, register of conveyances,
and recorder of mortgages and their respective duties and functions to the clerk of civil
district court as parish recorder and abolishes such offices effective Jan. 1, 2009. Provides
for the clerk to assume the duties of the custodian, the register, and the recorder on that date.
Proposed law retains present law and removes all references to the register of conveyances,
the recorder of mortgages and custodian of notarial records.
Present law provides that the annual salary of $75,000 shall be paid monthly to the district
judges of each judicial district, including the civil, criminal, magistrates of the criminal, and
juvenile judges of the parish of Orleans.
Proposed law provides that the annual salary to be paid monthly to all judges shall be
determined by the Judicial Compensation Commission.
Proposed law requires clerk of the Civil District Court to collect all fees authorized under
R.S. 13:1213.1 and deposit no less than 60% of the amounts collected in the Clerk's
Operational Fund, and the remaining to be deposited in the Civil District Court Judicial
Expense Fund.
Present law provides for the consolidation the offices of the civil and criminal sheriffs of the
parish of Orleans into one office. Provides that the one office of sheriff shall be effective
for purposes of qualification and election for the election of the parochial and municipal
officials to be elected in 2010 and serve for a term of four years. Provides for the functions,
duties, responsibilities, powers and transfer of property.
Proposed law retains present law and removes all references to the civil and criminal sheriff
from present law.
Proposed law authorizes judges for the Criminal District Court, the magistrate judge and the
commissioners for the parish of Orleans to have exclusive jurisdiction to set state
misdemeanor and felony bonds and release defendants on the bonds.
(Amends R.S. 13:477(intro. para.), 691(A), 1306, 1307, 1311, 1312, 1381.2, and R.S.
44:181; Adds R.S. 13:1213.2 and 13:1336(D); Repeals R.S. 13:474.1, 477(41), 621.41,
621.42, 621.43, 621.44, 621.45, 621.46, 714.1, 714.2, 751.1, 751.2-751.5, 841.3, 996.62-
996.64, R.S. 44:181.5 and 181.6, and Sections 6, 8, 9, 19, 22, and 31 of Act No. 621 of the
2006 Regular Session of the Legislature)