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Regular Session, 2012
SENATE BILL NO. 609
BY SENATOR MURRAY AND REPRESENTATI VE LEGER
COURTS. Provides relative to the consolidation of courts in Orleans Parish. (8/1/12)
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 SB NO. 609
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exclusive jurisdiction to the magistrate and criminal district court judges and1
commissioners to set certain bonds and release certain defendants; to direct the2
Louisiana State Law Institute to redesignate certain statutory provisions; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.(A) Act 621 of the 2006 Regular Session was enacted by the Louisiana6
Legislature to reorganize and consolidate the structure of the judiciary in Orleans Parish.7
Many of the goals of the reorganization and consolidation have been accomplished,8
including the merger of the civil sheriff and the criminal sheriff into one office, and the9
merger of the functions of three offices into the functions of the civil clerk's office. Act 62110
of the 2006 Regular Session contained an effective date of January 1, 2009, to provide11
additional time for other aspects of the consolidation to take place, including the merger of12
the Orleans Civil and Criminal District Court and the Orleans Juvenile Court into the Forty-13
First Judicial District Court, and the merger of the offices of the clerk of each of those courts14
into one clerk's office.15
(B) Subsequent Acts of the legislature extended the effective date of certain aspects16
of the consolidation to December 31, 2014. Despite the efforts made to accomplish the17
consolidation and reorganization, the complexity of the issues involved prevented such a18
reorganization. Therefore, it is the intent of this legislature that the 41
st
Judicial District19
Court should not come into existence and the existing structures of the Orleans Parish20
judiciary system prior to Act 621 of the 2006 Regular Session and subsequent Acts of the21
legislature should remain in effect.22
Section 2. R.S. 13:477(introductory paragraph), (41), and (42), 691(A), 1306, 1307,23
1311, 1312, 1381.2, and R.S. 13:1213.2 and1336(D) are hereby enacted to read as follows:24
§477. Judicial districts25
There shall be forty forty-one judicial districts in the state and each district26
shall be composed as follows:27
* * *28
§691. Annual salaries of district judges; certain civil district court judges; certain29 SB NO. 609
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criminal district court judges; and certain juvenile and family court judges1
A. The annual salary of each of the several district judges of judicial2
districts, including the civil district court judges and the criminal district court judges3
of the parish of Orleans; the magistrate of the criminal district court for the parish of4
Orleans; the judges of the juvenile court of the parish of Orleans, the parish of5
Caddo, the parish of East Baton Rouge, and the parish of Jefferson; and the judges6
of the family court of East Baton Rouge Parish, shall be seventy-five thousand7
dollars, payable monthly upon the warrant of the judge shall be in the amount8
provided in accordance with the provisions of R.S. 13:42 et seq., payable9
monthly upon the warrant of the judge.10
* * *11
§1213.2. Fees; clerk of the Civil District Court12
The clerk of the Civil District Court shall collect the fees set forth in R.S.13
13:1213.1 and shall deposit no less than sixty percent of the amounts collected14
in the Clerk's Operational Fund. The remaining funds shall be deposited in the15
judicial expense fund for the Civil District Court for the Parish of Orleans.16
* * *17
§1306. Interest on unclaimed judicial deposits; use by civil sheriff18
Where interest, which has accrued on any judicial deposit made by the civil19
sheriff of the parish of Orleans with the judicial depository of the parish of Orleans,20
of funds belonging to a litigant or litigants, shall not be called for or claimed for a21
period of ten years from date of accrual, the civil sheriff of the parish of Orleans may22
withdraw the accrued interest from the judicial depository, and use it for the costs23
and expenses of his office, in the manner provided by law for the use and disposition24
of other funds received by him for that purpose.25
* * *26
§1307. Same; judicial depository to turn interest over to sheriff27
The judicial depository of the parish of Orleans is directed to turn over to the28
civil sheriff of the parish of Orleans any accrued interest on any judicial deposit29 SB NO. 609
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made by him, under the conditions prescribed in R.S. 13:1306.1
* * *2
§1311. Sheriff, constables, and deputies; powers of peace officers; exemption from3
liability4
The civil sheriff for the parish of Orleans and the constables of the First and5
Second City Courts of New Orleans and their deputies, are hereby granted the6
powers of peace officers when carrying out the duties of the court, and are authorized7
to require incarceration of the subject involved in any of the city, parish or state8
prisons, precinct stations, or houses of detention in the parish of Orleans. They shall9
be exempt from liability for their actions in the exercise of this power in the same10
manner and fashion as liability is excluded generally for peace officers of this state11
and political subdivisions.12
* * *13
§1312. Judicial expense fund; sources, control, and administration14
A. The clerk of the Civil District Court, and the clerks of the First and15
Second City Court, the register of conveyances, and the recorder of mortgages shall16
place all sums collected or received under this Section in a separate account to be17
designated as the Judicial Expense Fund for the Civil District Court for the Parish of18
Orleans. The judges, en banc, of the Civil District Court for the Parish of Orleans19
and the First and Second City Courts of the city of New Orleans shall have control20
over the fund and all disbursements made therefrom. They shall cause to be21
conducted annually an audit of the fund and the books and accounts relating thereto,22
and shall file the same with the office of the legislative auditor where it shall be23
available for public inspection.24
B. The judges of the Civil District Court for the Parish of Orleans and the25
First and Second City Courts of the city of New Orleans, sitting en banc, shall have26
control over the judicial expense fund for the parish of Orleans, accruing and27
accrued, and to this end shall fix and regulate from time to time the number of28
deputies and employees of the offices of the clerk of the Civil District Court, and the29 SB NO. 609
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city courts, register of conveyances, and recorder of mortgages of said the parish and1
their expenses, and also shall have the power to fix the tariff of costs and charges to2
be paid for official services in said the offices, which are paid into, and constitute3
said the fund; due publication of which tariff, when made, shall be given. They shall4
have power to determine whether any amounts from said the fund shall be devoted5
to the expense or payment of taking testimony by shorthand and to regulate and6
provide for the same. The said judges are authorized to contribute out of said the7
fund, to the embellishment, maintenance, improvement or repair, or both, of each8
courtroom, the courthouse itself or its furnishings, or both, and may contribute to any9
pension, retirement system and group hospitalization plans to which officers and10
employees paid out of said the fund may belong.11
* * *12
§1336. Criminal district court for the Parish of Orleans; jurisdiction; powers;13
probation officers14
* * *15
D. Judges for the Criminal District Court, including the Magistrate16
Judge and Commissioners for the parish of Orleans shall have exclusive17
jurisdiction to set state misdemeanor and felony bonds and exclusive18
jurisdiction to release a defendant on state misdemeanor and state felony bonds.19
* * *20
§1381.2. Criminal sheriff's Sheriff's detention and prison security fee fund21
A. Any defendant, other than an indigent, who pleads guilty or is convicted22
of an offense by the Criminal District Court for the Parish of Orleans shall be23
assessed a fee of not less than twenty-five dollars, such costs to be in addition to any24
fine, clerk's fees, costs due to the criminal court cost fund or sentence imposed by the25
court. When any defendant, other than an indigent, fails to pay the costs referred to26
hereinabove, he shall be sentenced to a term of thirty days in the parish prison in27
default of the payment of same.28
B. Costs assessed against defendants pursuant to this section shall be29 SB NO. 609
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collected by the criminal sheriff of the parish of Orleans. All sums so collected shall1
be deposited in a bank or banks in the city of New Orleans in which deposits are2
insured or guaranteed by the federal government or any agency thereof. No deposit3
shall be made in any such bank in excess of the amount of the federal insurance or4
guaranty unless the amount deposited in excess of the federal insurance or guaranty5
is secured by any security authorized by law as security for the deposit of state funds.6
The deposits shall be credited to a special fund to be designated as the criminal7
sheriff's detention and prison security fee fund.8
C. The criminal sheriff's fee fund shall be administered by the criminal9
sheriff of the Parish of Orleans. Disbursements shall be made from the fund upon10
the signature of the criminal sheriff of the Parish of Orleans. Such fund is to be11
expended to assist in the operation security and maintenance of the office of the12
criminal sheriff of the parish of Orleans.13
D. When any bail bond posted in the Criminal District Court for the parish14
of Orleans guaranteeing the appearance of any defendant in any case in the Criminal15
District Court for the parish of Orleans has been forfeited, said the surety company16
and/or , the local agent and/or , or the insurance company for which said the agent17
is writing bail bonds, shall be assessed costs not more than twenty-five dollars. The18
forfeiture of any bond referred to hereinabove shall not be set aside until the above19
costs have been paid, in addition to the other legal requirements of law having been20
met for the setting aside of the forfeiture. Costs assessed against surety companies21
pursuant to this section Section shall be collected and administered in the same22
manner as that set out in Subsection B of this section Section.23
* * *24
Section 3. R.S. 44:181 is hereby amended and reenacted to read as follows:25
§181. Clerk of court as recorder; duties26
A. The clerk of court shall be the parish recorder of conveyances, mortgages,27
and other acts, as provided by law, for and throughout the parish of Orleans.28
B. For purposes of this Chapter, the term "clerk of court" shall mean the29 SB NO. 609
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clerk of court of the Forty-First Judicial District Court. However, until such time as1
the clerk of the Forty-First Judicial District Court has been elected and takes office,2
the term "clerk of court" shall mean the clerk of the Civil District Court for the parish3
of Orleans.4
* * *5
Section 4.(A) R.S. 13:474.1, 477(41), 714.1, 751.1 through 751.5, 996.62 through6
996.64, R.S. 44:181.5 and 181.6 are hereby repealed in their entirety.7
(B) R.S. 13:621.41 as amended by Acts No. 743, 792 and 879 of the 2008 Regular8
Session of the Legislature and Act No. 726 of the 2010 Regular Session of the Legislature,9
621.42, as amended by Act No. 873 of the 2008 Regular Session of the Legislature, 621.4310
as amended by Act No. 873, and 879 of the 2008 Regular Session of the Legislature, 621.4411
as amended by Acts No. 635, 674, 873, and 879 of the 2008 Regular Session of the12
Legislature, 621.45 as amended by Act No. 873 and 879 of the 2008 Regular Session of the13
Legislature, 621.46 as amended by Act No. 873 of the 2008 Regular Session of the14
Legislature, 714.2 as amended by Act No. 873 of the 2008 Regular Session, Act No. 751.115
as amended by Acts No. 675 and 873 of the 2008 Regular Session of the Louisiana16
Legislature, 841.3 as amended by Acts No. 868 of the 2008 Regular Session of the Louisiana17
Legislature, and 983 as amended by Act No. 868 of the 2008 Regular Session are hereby18
repealed in their entirety.19
(C) Sections 6, 8, 9, 19, 22, and 31 of Act No. 621 of the 2006 Regular Session of20
the Louisiana Legislature as amended by Act No. 873 of the 2008 Regular Session of the21
Legislature are hereby repealed in their entirety.22
Section 5. R.S. 13:1, 471, 474, 477, 691(A), 759, 842(A), 846(A) as amended and23
reenacted by Act No. 621 of the 2006 Regular Session of the Legislature shall not become24
effective on December 31, 2014 and shall be superseded by the provisions of this Act.25
Section 6. The Louisiana State Law Institute is hereby directed to redesignate R.S.26
13:621.41.1 as amended by Act 792 of the 2008 Regular Session of the Legislature and to27
place in the appropriate section of R.S. 13:1136 et seq.28
Section 7. The provisions of this Act shall supersede and control to the extent of any29 SB NO. 609
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conflict with Act 621 of the 2006 Regular Session of the Legislature and any amendments1
made thereto by subsequent Acts.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
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 1/1/15, 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 1/1/15.
Present law and amendments made by subsequent Acts provides an effective date of
12/31/14.
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 12/31/14.
Proposed law repeals the effective date of 12/31/04 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.
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 1/1/09. 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 SB NO. 609
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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.
Effective August 1, 2012.
(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)