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Regular Session, 2012 ENROLLED
SENATE BILL NO. 625 (Substitute of Senate Bill No. 609 by Senator Murray)
BY SENATOR MURRAY
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, to repeal R.S.3
13:474.1, 477(41), 621.41 through 621.46, 714.1, 714.2, 751.1 through 751.5, 841.3,4
983, 996.62 through 996.64, R.S. 44:181.5 and 181.6, and Sections 6, 8, 9, 22, and5
31 of Act No. 621 of the 2006 Regular Session of the Legislature, and to provide for6
certain provisions of 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certain provisions of law that would have otherwise been repealed shall remain in16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
provide for the salaries of the civil and criminal district court judges and certain18
family and juvenile court judges; to provide exclusive jurisdiction to the magistrate19
and criminal district court judges and commissioners to set certain bonds and release20
certain defendants; to provide relative to terms of office and elections for Orleans21
ACT No. 474 SB NO. 625 ENROLLED
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Parish Juvenile Court judges; to direct the Louisiana State Law Institute to1
redesignate certain statutory provisions; and to provide for related matters.2
Be it enacted by the Legislature of Louisiana:3
Section 1.(A) Act No. 621 of the 2006 Regular Session of the Legislature was4
enacted by the Louisiana Legislature to reorganize and consolidate the structure of the5
judiciary in Orleans Parish. Many of the goals of the reorganization and consolidation have6
been accomplished, including the merger of the civil sheriff and the criminal sheriff into one7
office, and the merger of the functions of recorder of mortgages, register of conveyances,8
and the custodian of notarial records into the functions of the civil clerk's office. Act No.9
621 of the 2006 Regular Session of the Legislature contained an effective date of January10
1, 2009, to provide additional time for other aspects of the consolidation to take place,11
including the merger of the Orleans Civil and Criminal District Court and the Orleans12
Juvenile Court into the Forty-First Judicial District Court, and the merger of the offices of13
the clerk of each of those courts into one clerk's office.14
(B) Subsequent Acts of the legislature extended the effective date of certain aspects15
of the consolidation to December 31, 2014. Despite the efforts made to accomplish the16
consolidation and reorganization, the complexity of the issues involved prevented such a17
reorganization. Therefore, it is the intent of this legislature that the Forty-First Judicial18
District Court shall not come into existence and existing structures of the Orleans Parish19
judiciary system relative to the Civil District Court, Criminal District Court, and Juvenile20
Court prior to Act 621 of the 2006 Regular Session of the Legislature and subsequent Acts21
of the legislature should remain in effect.22
Section 2. R.S. 13:477(introductory paragraph), 691(A), 1306, 1307, 1311, 1312,23
1381.2, and 1594 are hereby amended and reenacted and R.S. 13:1213.2 is hereby enacted24
to read as follows:25
§477. Judicial districts26
There shall be forty forty-one judicial districts in the state and each district27
shall be composed as follows:28
* * *29
§691. Annual salaries of district judges; certain civil district court judges; certain30 SB NO. 625 ENROLLED
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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., as determined9
by recommendation of the Judicial Compensation Commission and approved10
by the legislature, and payable monthly upon the warrant of the judge.11
* * *12
§1213.2. Fees; clerk of the Civil District Court13
The clerk of the Civil District Court shall collect the fees set forth in R.S.14
13:1213.1 and shall deposit no less than sixty percent of the amounts collected15
in the Clerk's Salary Fund. The remaining funds shall be deposited in the16
judicial expense fund for the Civil District Court for the Parish of Orleans. The17
clerk and the chief judge of the Civil District Court may at any time renegotiate18
the sixty percent collection fees, but at no time shall the sixty percent be reduced19
below fifty percent of the civil filing fees collected by the clerk.20
* * *21
§1306. Interest on unclaimed judicial deposits; use by civil sheriff22
Where interest, which has accrued on any judicial deposit made by the civil23
sheriff of the parish of Orleans with the judicial depository of the parish of Orleans,24
of funds belonging to a litigant or litigants, shall not be called for or claimed for a25
period of ten years from date of accrual, the civil sheriff of the parish of Orleans may26
withdraw the accrued interest from the judicial depository, and use it for the costs27
and expenses of his office, in the manner provided by law for the use and disposition28
of other funds received by him for that purpose.29
§1307. Same; judicial depository to turn interest over to sheriff30 SB NO. 625 ENROLLED
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The judicial depository of the parish of Orleans is directed to turn over to the1
civil sheriff of the parish of Orleans any accrued interest on any judicial deposit2
made by him, under the conditions prescribed in R.S. 13:1306.3
* * *4
§1311. Sheriff, constables, and deputies; powers of peace officers; exemption from5
liability6
The civil sheriff for the parish of Orleans and the constables of the First and7
Second City Courts of New Orleans and their deputies, are hereby granted the8
powers of peace officers when carrying out the duties of the court, and are authorized9
to require incarceration of the subject involved in any of the city, parish or state10
prisons, precinct stations, or houses of detention in the parish of Orleans. They shall11
be exempt from liability for their actions in the exercise of this power in the same12
manner and fashion as liability is excluded generally for peace officers of this state13
and political subdivisions.14
§1312. Judicial expense fund; sources, control, and administration15
A. The clerks of the First and Second City Court , the register of16
conveyances, and the recorder of mortgages shall place all sums collected or17
received under this Section in a separate account to be designated as the Judicial18
Expense Fund for the Civil District Court for the Parish of Orleans. The judges, en19
banc, of the Civil District Court for the Parish of Orleans and the First and Second20
City Courts of the city of New Orleans shall have control over the fund and all21
disbursements made therefrom. They shall cause to be conducted annually an audit22
of the fund and the books and accounts relating thereto, and shall file the same audit23
with the office of the legislative auditor where it shall be available for public24
inspection.25
B. The judges of the Civil District Court for the Parish of Orleans and the26
First and Second City Courts of the city of New Orleans, sitting en banc, shall have27
control over the judicial expense fund for the parish of Orleans, accruing and28
accrued, and to this end shall fix and regulate from time to time the number of29
deputies and employees of the offices of the clerks of the City Courts Civil District30 SB NO. 625 ENROLLED
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Court, the city courts, register of conveyances, and recorder of mortgages of said1
parish and their expenses, and also shall have the power to fix the tariff of costs and2
charges to be paid for official services in said the offices, which are paid into, and3
constitute said the fund; due publication of which tariff, when made, shall be given.4
They shall have power to determine whether any amounts from said the fund shall5
be devoted to the expense or payment of taking testimony by shorthand and to6
regulate and provide for the same. The said judges are authorized to contribute out7
of said the fund, to the embellishment, maintenance, improvement or repair, or both,8
of each courtroom, the courthouse itself or its furnishings, or both, and may9
contribute to any pension, retirement system and group hospitalization plans to10
which officers and employees paid out of said the fund may belong.11
* * *12
§1381.2. Criminal sheriff's Sheriff's detention and prison security fee fund13
A. Any defendant, other than an indigent, who pleads guilty or is convicted14
of an offense by the Criminal District Court for the Parish of Orleans shall be15
assessed a fee of not less than twenty-five dollars, such costs to be in addition to any16
fine, clerk's fees, costs due to the criminal court cost fund or sentence imposed by the17
court. When any defendant, other than an indigent, fails to pay the costs referred to18
hereinabove, he shall be sentenced to a term of thirty days in the parish prison in19
default of the payment of same.20
B. Costs assessed against defendants pursuant to this section Section shall21
be collected by the criminal sheriff of the parish of Orleans. All sums so collected22
shall be deposited in a bank or banks in the city of New Orleans in which deposits23
are insured or guaranteed by the federal government or any agency thereof. No24
deposit shall be made in any such bank in excess of the amount of the federal25
insurance or guaranty unless the amount deposited in excess of the federal insurance26
or guaranty is secured by any security authorized by law as security for the deposit27
of state funds. The deposits shall be credited to a special fund to be designated as the28
criminal sheriff's detention and prison security fee fund.29
C. The criminal sheriff's fee fund shall be administered by the criminal30 SB NO. 625 ENROLLED
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sheriff of the parish of Orleans. Disbursements shall be made from the fund upon1
the signature of the criminal sheriff of the parish of Orleans. Such fund is to be2
expended to assist in the operation security and maintenance of the office of the3
criminal sheriff of the parish of Orleans.4
D. When any bail bond posted in the Criminal District Court for the Parish5
of Orleans guaranteeing the appearance of any defendant in any case in the Criminal6
District Court for the Parish of Orleans has been forfeited, said the surety company7
and/or, the local agent and/or, or the insurance company for which said the agent8
is writing bail bonds, shall be assessed costs not more than twenty-five dollars. The9
forfeiture of any bond referred to hereinabove shall not be set aside until the above10
costs have been paid, in addition to the other legal requirements of law having been11
met for the setting aside of the forfeiture. Costs assessed against surety companies12
pursuant to this section Section shall be collected and administered in the same13
manner as that set out in Subsection B of this section Section.14
* * *15
§1594. Election; term16
The first judge for said the additional judgeship of the juvenile court for the17
parish of Orleans, who shall preside over the additional section of said the court, as18
provided herein, shall be elected in a manner herein below set forth provided that the19
governor shall make an interim appointment to that office to serve through December20
31, 1960, and his successor shall be elected for a term of eight years commencing on21
January 1, 1961, at the congressional election to be held on the first Tuesday after22
the first Monday in November, 1960 and his successor every eight years thereafter,23
each serving until his successor is elected and qualified. The terms of office of the24
judges of the juvenile court serving in the parish of Orleans on August 1, 2012,25
shall be extended through December 31, 2014. Their successors shall be elected26
for a term of six years commencing on January 1, 2015, at the congressional27
election to be held on the first Tuesday after the first Monday in November,28
2014, and their successors every six years thereafter.29
* * *30 SB NO. 625 ENROLLED
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Section 3. R.S. 44:181 is hereby amended and reenacted to read as follows:1
§181. Clerk of court as recorder; duties2
A. The clerk of court shall be the parish recorder of conveyances, mortgages,3
and other acts, as provided by law, for and throughout the parish of Orleans.4
B. For purposes of this Chapter, the term "clerk of court" shall mean the5
clerk of court of the Forty-First Judicial District Court. However, until such time as6
the clerk of the Forty-First Judicial District Court has been elected and takes office,7
the term "clerk of court" shall mean the clerk of the Civil District Court for the8
Parish of Orleans.9
Section 4.(A) R.S. 13:474.1, 477(41), 621.41 through 621.46, 714.1, 714.2, 751.110
through 751.5, 841.3, 983, 996.62 through 996.64, R.S. 44:181.5 and 181.6 are hereby11
repealed in their entirety.12
(B)(1) Sections 6, 8, 9, 22, and 31 of Act No. 621 of the 2006 Regular Session of the13
Louisiana Legislature as amended by Act No. 873 of the 2008 Regular Session of the14
Legislature are hereby repealed in their entirety.15
(2) Notwithstanding the provisions of Act No. 621 of the 2006 Regular Session of16
the Legislature, Act No. 873 of the 2008 Regular Session of the Legislature, and Act No. 34017
of the 2011 Regular Session of the Legislature, R.S. 13:1031 through 1147, 1211 through18
1212.1, 1271 through 1312, 1335 through 1347, 1371 through 1372, 1377, 1381, and 1381.119
through 1400 shall not be repealed as provided for in Section 19 of Act No. 621 of the 200620
Regular Session of the Legislature and subsequent Acts, but shall remain in effect, except21
as otherwise provided in this Act or any other Act of this 2012 Regular Session of the22
Legislature, or any subsequent Acts.23
Section 5.(A) R.S. 13:1, 471, 474, 477, 691(A), 759, 842(A), and 846(A) as24
amended and reenacted by Act No. 621 of the 2006 Regular Session of the Legislature shall25
not become effective on December 31, 2014. 26
(B) The provisions of R.S. 13:1, 471, 474, 759, 842(A), and 846(A) in effect on27
August 1, 2012, shall remain in effect until later amended or repealed.28
Section 6. The Louisiana State Law Institute is hereby directed to redesignate R.S.29
13:621.42.1 as R.S. 13:1141.30 SB NO. 625 ENROLLED
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Section 7. The provisions of this Act shall supersede and control in the case of any1
conflict with Act 621 of the 2006 Regular Session of the Legislature and any amendments2
made thereto by subsequent Acts.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: