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Regular Session, 2012
SENATE BILL NO. 625 (Substitute of Senate Bill No. 609 by Senator Murray)
BY SENATOR MURRAY
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 1594, and R.S. 44:181, to enact R.S. 13:1213.2 and 1336(D), and3
to repeal R.S. 13:474.1, 477(41), 621.41, 621.42 through 621.46, 714.1, 714.2, 751.1,4
751.2 through 751.5, 841.3, 983, 996.62 through 996.64, R.S. 44:181.5 and 181.6,5
and Sections 6, 8, 9, 22, and 31 of Act No. 621 of the 2006 Regular Session of the6
Legislature, and Section 19 of Act No. 621 of the 2006 Regular Session of the7
Legislature as amended by Act No. 675 and Act No. 873 of the 2008 Regular Session8
of the Legislature, and Act No. 340 of the 2011 Regular Session of the Legislature,9
relative to courts and judicial procedure; to provide relative to the civil and criminal10
district courts and juvenile court of the parish of Orleans; to repeal provisions11
relative to the consolidation of the civil and criminal district courts of Orleans Parish12
into the Forty-First Judicial District Court and their respective clerks; to repeal13
effective dates for repeals of provisions related to the civil and criminal district14
courts and the abolition of the juvenile court of Orleans Parish; to provide that15
certain provisions of law that would have otherwise been repealed shall remain in16
effect; to provide for the distribution of fees collected in the Civil District Court; to17 SB NO. 625
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provide for the salaries of the civil and criminal district court judges and certain1
family and juvenile court judges; to provide exclusive jurisdiction to the magistrate2
and criminal district court judges and commissioners to set certain bonds and release3
certain defendants; to provide relative to terms of office and elections for Orleans4
Parish Juvenile Court judges; to direct the Louisiana State Law Institute to5
redesignate certain statutory provisions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.(A) Act No. 621 of the 2006 Regular Session of the Legislature was8
enacted by the Louisiana Legislature to reorganize and consolidate the structure of the9
judiciary in Orleans Parish. Many of the goals of the reorganization and consolidation have10
been accomplished, including the merger of the civil sheriff and the criminal sheriff into one11
office, and the merger of the functions of recorder of mortgages, register of conveyances,12
and the custodian of notarial records into the functions of the civil clerk's office. Act No.13
621 of the 2006 Regular Session of the Legislature contained an effective date of January14
1, 2009, to provide additional time for other aspects of the consolidation to take place,15
including the merger of the Orleans Civil and Criminal District Court and the Orleans16
Juvenile Court into the Forty-First Judicial District Court, and the merger of the offices of17
the clerk of each of those courts into one clerk's office.18
(B) Subsequent Acts of the legislature extended the effective date of certain aspects19
of the consolidation to December 31, 2014. Despite the efforts made to accomplish the20
consolidation and reorganization, the complexity of the issues involved prevented such a21
reorganization. Therefore, it is the intent of this legislature that the Forty-First Judicial22
District Court shall not come into existence and existing structures of the Orleans Parish23
judiciary system relative to the Civil District Court, Criminal District Court, and Juvenile24
Court prior to Act 621 of the 2006 Regular Session of the Legislature and subsequent Acts25
of the legislature should remain in effect.26
Section 2. R.S. 13:477(introductory paragraph), 691(A), 1306, 1307, 1311, 1312,27
and 1381.2 are hereby amended and reenacted and R.S. 13:1213.2 and 1336(D) are hereby28
enacted to read as follows:29 SB NO. 625
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§477. Judicial districts1
There shall be forty forty-one judicial districts in the state and each district2
shall be composed as follows:3
* * *4
§691. Annual salaries of district judges; certain civil district court judges; certain5
criminal district court judges; and certain juvenile and family court judges6
A. The annual salary of each of the several district judges of judicial7
districts, including the civil district court judges and the criminal district court judges8
of the parish of Orleans; the magistrate of the criminal district court for the parish of9
Orleans; the judges of the juvenile court of the parish of Orleans, the parish of10
Caddo, the parish of East Baton Rouge, and the parish of Jefferson; and the judges11
of the family court of East Baton Rouge Parish, shall be seventy-five thousand12
dollars, payable monthly upon the warrant of the judge shall be in the amount13
provided in accordance with the provisions of R.S. 13:42 et seq., payable14
monthly upon the warrant of the judge.15
* * *16
§1213.2. Fees; clerk of the Civil District Court17
The clerk of the Civil District Court shall collect the fees set forth in R.S.18
13:1213.1 and shall deposit no less than sixty percent of the amounts collected19
in the Clerk's Salary Fund. The remaining funds shall be deposited in the20
judicial expense fund for the Civil District Court for the Parish of Orleans. The21
clerk and the chief judge of the Civil District Court may at any time renegotiate22
the sixty percent collection fees, but at no time shall the sixty percent be reduced23
below fifty percent of the civil filing fees collected by the clerk.24
* * *25
§1306. Interest on unclaimed judicial deposits; use by civil sheriff26
Where interest, which has accrued on any judicial deposit made by the civil27
sheriff of the parish of Orleans with the judicial depository of the parish of Orleans,28
of funds belonging to a litigant or litigants, shall not be called for or claimed for a29 SB NO. 625
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period of ten years from date of accrual, the civil sheriff of the parish of Orleans may1
withdraw the accrued interest from the judicial depository, and use it for the costs2
and expenses of his office, in the manner provided by law for the use and disposition3
of other funds received by him for that purpose.4
* * *5
§1307. Same; judicial depository to turn interest over to sheriff6
The judicial depository of the parish of Orleans is directed to turn over to the7
civil sheriff of the parish of Orleans any accrued interest on any judicial deposit8
made by him, under the conditions prescribed in R.S. 13:1306.9
* * *10
§1311. Sheriff, constables, and deputies; powers of peace officers; exemption from11
liability12
The civil sheriff for the parish of Orleans and the constables of the First and13
Second City Courts of New Orleans and their deputies, are hereby granted the14
powers of peace officers when carrying out the duties of the court, and are authorized15
to require incarceration of the subject involved in any of the city, parish or state16
prisons, precinct stations, or houses of detention in the parish of Orleans. They shall17
be exempt from liability for their actions in the exercise of this power in the same18
manner and fashion as liability is excluded generally for peace officers of this state19
and political subdivisions.20
§1312. Judicial expense fund; sources, control, and administration21
A. The clerks of the First and Second City Court , the register of22
conveyances, and the recorder of mortgages shall place all sums collected or23
received under this Section in a separate account to be designated as the Judicial24
Expense Fund for the Civil District Court for the Parish of Orleans. The judges, en25
banc, of the Civil District Court for the Parish of Orleans and the First and Second26
City Courts of the city of New Orleans shall have control over the fund and all27
disbursements made therefrom. They shall cause to be conducted annually an audit28
of the fund and the books and accounts relating thereto, and shall file the same with29 SB NO. 625
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the office of the legislative auditor where it shall be available for public inspection.1
B. The judges of the Civil District Court for the Parish of Orleans and the2
First and Second City Courts of the city of New Orleans, sitting en banc, shall have3
control over the judicial expense fund for the parish of Orleans, accruing and4
accrued, and to this end shall fix and regulate from time to time the number of5
deputies and employees of the offices of the clerks of the City Courts Civil District6
Court, the city courts, register of conveyances, and recorder of mortgages of said7
parish and their expenses, and also shall have the power to fix the tariff of costs and8
charges to be paid for official services in said the offices, which are paid into, and9
constitute said the fund; due publication of which tariff, when made, shall be given.10
They shall have power to determine whether any amounts from said the fund shall11
be devoted to the expense or payment of taking testimony by shorthand and to12
regulate and provide for the same. The said judges are authorized to contribute out13
of said the fund, to the embellishment, maintenance, improvement or repair, or both,14
of each courtroom, the courthouse itself or its furnishings, or both, and may15
contribute to any pension, retirement system and group hospitalization plans to16
which officers and employees paid out of said the fund may belong.17
* * *18
§1336. Criminal District Court for the Parish of Orleans; jurisdiction; powers;19
probation officers20
* * *21
D. Judges for the Criminal District Court, including the magistrate22
judge and commissioners for the parish of Orleans, shall have exclusive23
jurisdiction to set state misdemeanor and felony bonds and exclusive24
jurisdiction to release a defendant on state misdemeanor and state felony bonds.25
* * *26
§1381.2. Criminal sheriff's Sheriff's detention and prison security fee fund27
A. Any defendant, other than an indigent, who pleads guilty or is convicted28
of an offense by the Criminal District Court for the Parish of Orleans shall be29 SB NO. 625
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assessed a fee of not less than twenty-five dollars, such costs to be in addition to any1
fine, clerk's fees, costs due to the criminal court cost fund or sentence imposed by the2
court. When any defendant, other than an indigent, fails to pay the costs referred to3
hereinabove, he shall be sentenced to a term of thirty days in the parish prison in4
default of the payment of same.5
B. Costs assessed against defendants pursuant to this section Section shall6
be collected by the criminal sheriff of the parish of Orleans. All sums so collected7
shall be deposited in a bank or banks in the city of New Orleans in which deposits8
are insured or guaranteed by the federal government or any agency thereof. No9
deposit shall be made in any such bank in excess of the amount of the federal10
insurance or guaranty unless the amount deposited in excess of the federal insurance11
or guaranty is secured by any security authorized by law as security for the deposit12
of state funds. The deposits shall be credited to a special fund to be designated as the13
criminal sheriff's detention and prison security fee fund.14
C. The criminal sheriff's fee fund shall be administered by the criminal15
sheriff of the parish of Orleans. Disbursements shall be made from the fund upon16
the signature of the criminal sheriff of the parish of Orleans. Such fund is to be17
expended to assist in the operation security and maintenance of the office of the18
criminal sheriff of the parish of Orleans.19
D. When any bail bond posted in the Criminal District Court for the Parish20
of Orleans guaranteeing the appearance of any defendant in any case in the Criminal21
District Court for the Parish of Orleans has been forfeited, said the surety company22
and/or, the local agent and/or, or the insurance company for which said the agent23
is writing bail bonds, shall be assessed costs not more than twenty-five dollars. The24
forfeiture of any bond referred to hereinabove shall not be set aside until the above25
costs have been paid, in addition to the other legal requirements of law having been26
met for the setting aside of the forfeiture. Costs assessed against surety companies27
pursuant to this section Section shall be collected and administered in the same28
manner as that set out in Subsection B of this section Section.29 SB NO. 625
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* * *1
§1594. Election; term2
The first judge for said the additional judgeship of the juvenile court for the3
parish of Orleans, who shall preside over the additional section of said the court, as4
provided herein, shall be elected in a manner herein below set forth provided that the5
governor shall make an interim appointment to that office to serve through December6
31, 1960, and his successor shall be elected for a term of eight years commencing on7
January 1, 1961, at the congressional election to be held on the first Tuesday after8
the first Monday in November, 1960 and his successor every eight years thereafter,9
each serving until his successor is elected and qualified. The terms of office of the10
judges of the juvenile court serving in the parish of Orleans on August 1, 2012,11
shall be extended through December 31, 2014. Their successors shall be elected12
for a term of six years commencing on January 1, 2015, at the congressional13
election to be held on the first Tuesday after the first Monday in November,14
2014, and their successors every six years thereafter.15
* * *16
Section 3. R.S. 44:181 is hereby amended and reenacted to read as follows:17
§181. Clerk of court as recorder; duties18
A. The clerk of court shall be the parish recorder of conveyances, mortgages,19
and other acts, as provided by law, for and throughout the parish of Orleans.20
B. For purposes of this Chapter, the term "clerk of court" shall mean the21
clerk of court of the Forty-First Judicial District Court. However, until such time as22
the clerk of the Forty-First Judicial District Court has been elected and takes office,23
the term "clerk of court" shall mean the clerk of the Civil District Court for the24
Parish of Orleans.25
Section 4.(A) R.S. 13:474.1, 477(41), 621.41 through 621.46, 714.1, 714.2, 751.126
through 751.5, 841.3, 983, 996.62 through 996.64, R.S. 44:181.5 and 181.6 are hereby27
repealed in their entirety.28
(B)(1) Sections 6, 8, 9, 22, and 31 of Act No. 621 of the 2006 Regular Session of the29 SB NO. 625
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Louisiana Legislature as amended by Act No. 873 of the 2008 Regular Session of the1
Legislature are hereby repealed in their entirety.2
(2) Notwithstanding the provisions of Act No. 621 of the 2006 Regular Session of3
the Legislature, Act No. 873 of the 2008 Regular Session of the Legislature, and Act No. 3404
of the 2011 Regular Session of the Legislature, R.S. 13:1031 through 1147, 1211 through5
1212.1, 1271 through 1312, 1335 through 1347, 1371 through 1372, 1377, 1381, and 1381.16
through 1400 shall not be repealed as provided for in Section 19 of Act No. 621 of the 20067
Regular Session of the Legislature and subsequent Acts, but shall remain in effect, except8
as otherwise provided in this Act or any other Act of this 2012 Regular Session of the9
Legislature, or any subsequent Acts.10
Section 5.(A) R.S. 13:1, 471, 474, 477, 691(A), 759, 842(A), and 846(A) as11
amended and reenacted by Act No. 621 of the 2006 Regular Session of the Legislature shall12
not become effective on December 31, 2014. 13
(B) The provisions of R.S. 13:1, 471, 474, 759, 842(A), and 846(A) in effect on14
August 1, 2012, shall remain in effect until later amended or repealed.15
Section 6. The Louisiana State Law Institute is hereby directed to redesignate R.S.16
13:621.42.1 as R.S. 13:1141.17
Section 7. The provisions of this Act shall supersede and control in the case of any18
conflict with Act 621 of the 2006 Regular Session of the Legislature and any amendments19
made thereto by subsequent Acts.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
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 JDC;
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 JDC 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 SB NO. 625
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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 Dec. 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 Jan. 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.
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 the 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 Salary
Fund, and the remaining to be deposited in the Civil District Court Judicial Expense Fund.
Provides that the clerk and chief judge of the civil district court may at any time renegotiate
the 60% collection fees, but that at no time shall the 60% be reduced below 50% of the civil
filing fees collected by the clerk.
Present law provides for the consolidation of 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 SB NO. 625
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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.
Present law requires the first judge for the additional judgeship of the juvenile court for the
parish of Orleans, to be elected for a term of eight years commencing on January 1, 1961,
at the congressional election, and his successor to be elected every eight years thereafter.
Proposed law retains present law except that it changes the terms of office from eight years
to six years and extends the terms of those juvenile court judges currently in office on Aug.
1, 2012 to Dec. 31, 2014.
Effective August 1, 2012.
(Amends R.S. 13:477(intro. para.), 691(A), 1306, 1307, 1311, 1312, 1381.2, and 1594, and
R.S. 44:181; adds R.S. 13:1213.2 and 1336(D); repeals R.S. 13:474.1, 477(41), 621.41-
621.46, 714.1, 714.2, 751.1, 751.2-751.5, 841.3, 983, 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)