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Regular Session, 2012
SENATE BILL NO. 722
BY SENATOR APPEL
COURTS. Provides relative to municipal and traffic courts in city of New Orleans.
AN ACT1
To amend and reenact R.S. 13:2492(A) and (F), 2495, 2495.1(A), 2496, 2496.1, 2496.3(B),2
(D), and (E), 2497, 2499, 2501.1(H),(I), and (K), 2507 and 2509, relative to courts3
and judicial procedure; to provide relative to the Municipal Court and Traffic Court4
of New Orleans; to provide relative to judges and certain employee positions and5
salaries; to provide certain terms, conditions, procedures, and requirements; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 13:2492 (A) and (F), 2495, 2495.1(A), 2496, 2496.1, 2496.3(B), (D),9
and (E), 2497, 2499, 2501.1(H), (I), and (K), 2507 and 2509 are hereby amended and10
reenacted to read as follows: 11
§2492. Four judges; qualifications; election; salary; vacation12
A. The court shall may consist of four judges, all of whom must be13
attorneys-at-law, who shall be elected by the qualified electors of the parish of14
Orleans. They shall not be less than thirty years of age. Each shall have practiced15
law in the state for at least five years preceding his election; and shall be a duly16
qualified elector of the parish of Orleans.17 SB NO. 722
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* * *1
F. The judge of the Municipal Court of New Orleans having the most2
seniority shall become the senior and administrative judge during his tenure of office3
and shall not engage in the practice of law or share in the profits, directly or4
indirectly, of any law firm or legal corporation. The senior and administrative judge5
of the Municipal Court of New Orleans shall possess the same qualifications that are6
required of district court judges and shall may receive a salary of not less than7
eighteen thousand dollars per annum, but not more than the salary paid, from all8
sources, to the district court judges in and for the parish of Orleans. The governing9
authority of Orleans Parish shall determine the salary paid to the senior and10
administrative judge, of which the amount payable by the state to city judges of the11
state shall be paid by the state and the remainder shall may be payable by the city of12
New Orleans. The salary of the senior and administrative judge shall may be payable13
monthly on his own warrant. Should the senior judge decline the position of senior14
and administrative judge then the next senior judge of the municipal court may15
assume the position.16
* * *17
§2495. Clerk of court18
A. There shall may be one clerk of the Municipal Court of New Orleans who19
shall be appointed by the judges thereof and shall be subject to removal by a majority20
of the judges of the court, at will. The court shall adopt such rules and regulations21
governing the functions, duties, operation, and procedure of the clerk's office as may22
be necessary.23
B. There shall may be one clerk of the Traffic Court of New Orleans who24
shall be appointed by the judges thereof and shall be subject to removal by a majority25
of the judges of the court, at will. The court shall adopt such rules and regulations26
governing the functions, duties, operation, and procedure of the clerk's office as may27
be necessary.28
C. The salaries salary of the clerk of municipal and traffic court and the29 SB NO. 722
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clerk of traffic court shall be determined and set by a three-fourths majority of the1
judges of the two courts; the salaries shall be the same and shall be paid from the2
respective judicial expense funds of the courts. However, if one of the funds has3
insufficient resources, then both salaries may be paid from the remaining fund.4
D. The said clerks shall retain all of the benefits of their office, including but5
not limited to hospitalization coverage, retirement benefits, insurance benefits, and6
sick and annual leave benefits, and they shall may be paid through the payroll7
system utilized by the city of New Orleans for its other employees.8
E. The said clerks shall continue to be paid under the current method used9
by the city of New Orleans until otherwise notified by the judges of the municipal10
and traffic courts.11
* * *12
§2495.1. Judicial administrator13
A. There shall be one judicial administrator of the Municipal Court of New14
Orleans, who shall be appointed by the judges thereof and shall be subject to removal15
by a majority of the judges of the court at will. The court shall adopt such rules and16
regulations governing the functions, duties, operations, and procedures of the judicial17
administrator's office as may be necessary. The salary and benefits shall may be paid18
by the city of New Orleans on the warrant of the chief judge. If the city fails to pay19
the salary and benefits, they may be paid from the judicial expense fund of the court.20
* * *21
§2496. Minute clerk, court reporter, other personnel; salaries22
A. Each judge shall may appoint his own minute clerk, court reporter,23
secretarial, clerical, research, administrative, or other personnel as the judge may24
deem necessary to expedite the business and functions of the court and shall fix their25
salaries and benefits.26
B. The salaries and benefits shall may be paid by the city of New Orleans27
on the warrant of the appointing judge.28
C. The above appointees of the judge, or judges, of the court shall not be29 SB NO. 722
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included in the civil service system, and shall be considered, for all intents and1
purposes, as unclassified personnel of the court and shall may be included in the2
unclassified pay plan of the city of New Orleans.3
§2496.1. Crier; appointment; salary4
Each judge of the Municipal Court of New Orleans shall may appoint his5
own crier. If the council of the city of New Orleans shall fail to approve the salary,6
each crier's salary may be paid monthly from the judicial expense fund of the court,7
provided that such crier's salary does not exceed the amount paid to the crier on May8
1, 1984. Any increase in such salary shall be subject to the prior approval of the9
council of the city of New Orleans.10
* * *11
§2496.3. First appearance hearing officer; appointment; salary; qualifications12
* * *13
B. There shall may be only one first appearance officer. The first appearance14
hearing officer shall be appointed by a majority of the duly elected judges of the15
Municipal Court of New Orleans and shall be subject to removal at will by a16
majority of the judges of the court. The court shall adopt such rules as are necessary17
to define the functions, duties, and operational procedures of the office of the first18
appearance hearing officer.19
* * *20
D. The first appearance hearing officer shall may receive an annual salary in21
accordance with the unclassified pay plan for officers and employees in the22
unclassified service of the city of New Orleans at pay range 66, subject to the general23
rules applicable to the unclassified service and to the unclassified pay plan as a24
whole. The salary shall may be payable to the first appearance hearing officer upon25
his own warrant, payable by the city of New Orleans. The first appearance hearing26
officer may be reimbursed for expenses of office as provided for by court rule.27
E. The judges of the Municipal Court of New Orleans, sitting en banc, and28
the city of New Orleans shall may provide necessary support services and personnel,29 SB NO. 722
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including minute clerks and court reporters, for the office. The supporting services1
and personnel shall may be paid for by the city of New Orleans.2
* * *3
§2497. Deputy clerks, appointment; salaries; removal4
The clerk of the municipal court of New Orleans shall may appoint such5
deputies, assistants and employees as the legislature may provide. There shall not6
be less than twenty deputy clerks and other employees of the court, and their salaries7
and manner of appointment and removal shall be as hereinafter designated.8
The following named deputy clerks of the municipal court of New Orleans9
shall be appointed by the chief clerk of the court, who may remove any of them at10
any time, and their salaries are hereby fixed as follows: one chief deputy clerk at a11
monthly salary of three hundred dollars; four criers at a monthly salary of one12
hundred seventy-five dollars each; one deputy clerk, known as a bond clerk, at a13
monthly salary of one hundred seventy-five dollars; two deputy clerks, known as14
capias clerks, at a monthly salary of one hundred seventy-five dollars each; three15
deputy clerks, known as docket clerks, at a monthly salary of one hundred16
seventy-five dollars each; one deputy clerk, who shall do the stenographic work of17
the clerk's office, at a monthly salary of one hundred seventy-five dollars; one deputy18
clerk, known as cashier, at a monthly salary of one hundred seventy-five dollars; one19
deputy clerk, known as dock man in charge of the prisoners, at a monthly salary of20
one hundred seventy-five dollars; one deputy clerk, known as parole clerk, at a21
monthly salary of one hundred seventy-five dollars.22
All salaries of the clerks and deputy clerks of the municipal court of New23
Orleans shall may be paid by the city of New Orleans.24
* * *25
§2499. Quarters, furniture and stationery; police detail26
The city of New Orleans shall may provide suitable rooms, furniture,27
stationery, and other operating expenses for the municipal court of New Orleans, and28
the department of police of the city of New Orleans or the Orleans Parish Sheriff29 SB NO. 722
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shall detail, subject to such rules as it may adopt, the necessary number of police1
officers to the court, to keep order and execute orders and decrees of the judges2
thereof.3
* * *4
§2501.1. Traffic Court of New Orleans5
* * *6
H. There shall may be one clerk of the said court, who shall be appointed by7
the judges thereof and shall be subject to removal upon the concurrence of the judges8
of the court at will. The salary of the clerk shall be the same as that provided for the9
clerk of the Municipal Court of New Orleans. The judges of the court shall adopt10
such rules and regulations governing the functions, duties, operations and procedure11
of the clerk's office as are necessary.12
I.(1) Each judge shall may appoint his own minute clerk, stenographer, crier,13
court reporter, and such clerical, research, administrative or other personnel as he14
deems necessary to expedite the business and functions of the court.15
(2) The salaries and all benefits of such personnel shall may be paid by the16
city of New Orleans on the warrant of the judge making the appointment.17
(3) The above appointees of the judge, or judges, of the court shall not be18
included in the civil service system and shall be considered, for all intents and19
purposes, as unclassified personnel of the court and shall may be included in the20
unclassified pay plan of the city of New Orleans.21
* * *22
K. The judges, en banc, may appoint a judicial administrator for the court,23
determine his powers and duties, and set his salary and benefits. The salary and24
benefits shall may be paid by the city of New Orleans on the warrant of the chief25
judge. If the city fails to pay the salary and benefits, they may be paid from the26
judicial expense fund of the court.27
* * *28
§2507. Traffic court; payment of salaries; disposition of money collected29 SB NO. 722
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All salaries of the clerks, deputies, assistants and employees of the traffic1
court of New Orleans shall may be paid by the city of New Orleans. In the event2
that the city shall refuse or fail to pay any such salaries, the judge, or judges, of the3
court shall withhold from the funds collected under the jurisdiction of the court4
sufficient money to pay any salaries not paid by the city, and, in such event, the5
judge, or judges, of the court shall deposit the money withheld in a separate bank6
account against which a judge, or judges thereof, shall draw appropriate checks to7
pay such salaries. All other money collected by the court shall be remitted daily by8
the clerk to the director of finance for the city of New Orleans, who shall issue an9
appropriate receipt therefor to the clerk.10
* * *11
§2509. Traffic court; facilities and supplies; police officers12
The city of New Orleans shall may provide suitable facilities, rooms,13
furniture, equipment and supplies that may be required for the proper functioning of14
the court and violations bureau thereof; and the New Orleans police department or15
the Orleans Parish Sheriff shall assign and detail to the court one or more police16
officers to keep good order, and execute orders and decrees of the judge, or judges,17
thereof. 18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter
DIGEST
Present law provides that the Municipal Court of New Orleans shall consist of four judges
with certain qualifications.
Proposed law provides that the Municipal Court of New Orleans may consist of four such
judges.
Present law provides that the senior and administrative judge of the Municipal Court of New
Orleans shall receive a salary of not less than $18,000 per annum.
Proposed law provides that the senior and administrative judge of the Municipal Court of
New Orleans may receive a salary of not less than $18,000 per annum.
Present law provides that the governing authority of Orleans Parish shall determine the
salary paid to the senior and administrative judge, of which the amount payable by the state
to city judges of the state shall be paid by the state and the remainder shall be payable by the
city of New Orleans. SB NO. 722
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words in boldface type and underscored are additions.
Proposed law provides that, after the state's portion of the senior and administrative judge's
salary is paid, the remainder of that judge's salary may be payable by the city of New
Orleans.
Present law provides that the salary of the senior and administrative judge shall be payable
monthly on his own warrant.
Proposed law provides that the salary of the senior and administrative judge may be payable
monthly on his own warrant.
Present law provides that there shall be one clerk of the Municipal Court of New Orleans.
Proposed law provides that there may be one clerk of the Municipal Court of New Orleans.
Present law provides that there shall be one clerk of the Traffic Court of New Orleans.
Proposed law provides that there may be one clerk of the Municipal Court of New Orleans.
Present law provides that the salaries of the clerk of municipal court and the clerk of traffic
court shall be determined and set by a 3/4 majority of the judges of the two courts, and that
the salaries shall be the same and shall be paid from the respective judicial expense funds
of the courts. Further provides that if one of the funds has insufficient resources, then both
salaries may be paid from the remaining fund.
Proposed law provides that the salary of the clerk of municipal and traffic court shall be
determined and set by a 3/4 majority of the judges of the two courts, and that the salaries
shall be paid from the respective judicial expense funds of the courts. Repeals the provision
that both salaries may be paid from the remaining fund when there are insufficient resources.
Present law provides that the clerks of the municipal and traffic courts shall continue to be
paid under the current method used by the city of New Orleans until otherwise notified by
the judges of the municipal and traffic courts.
Proposed law repeals present law.
Present law provides that the salary and benefits of the judicial administrator of the
Municipal Court of New Orleans shall be paid by the city of New Orleans on the warrant of
the chief judge.
Proposed law provides that the salary and benefits of the judicial administrator of the
Municipal Court of New Orleans may be paid by the city of New Orleans on the warrant of
the chief judge.
Present law provides that each judge of the Municipal Court of New Orleans shall appoint
his own minute clerk, court reporter, secretarial, clerical, research, administrative, or other
personnel as the judge may deem necessary to expedite the business and functions of the
court.
Proposed law provides that each Municipal Court judge may appoint his own minute clerk,
court reporter, secretarial, clerical, research, administrative or other personnel.
Present law provides that the salaries and benefits of the positions appointed by each judge
of the Municipal Court of New Orleans shall be paid by the city of New Orleans on the
warrant of the appointing judge, and shall be considered unclassified personnel and shall be
included in the unclassified pay plan of the city of New Orleans.
Proposed law provides that the salaries and benefit of the positions appointed by each judge
of the Municipal Court of New Orleans may be paid by the city of New Orleans on the SB NO. 722
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warrant of the appointing judge, and such positions' salaries may be included in the
unclassified pay plan of the city of New Orleans.
Present law provides that each Municipal Court of New Orleans judge shall appoint his own
crier.
Proposed law provides that each Municipal Court of New Orleans judge may appoint his
own crier.
Present law provides that there shall be one first appearance officer in the Municipal Court
of New Orleans, and he shall receive an annual salary in accordance with the unclassified
pay plan for officers and employees in the unclassified service of the city of New Orleans
at pay range 66, subject to the general rules applicable to the unclassified service and to the
unclassified pay plan as a whole. Further provides that such salary shall be payable to the
first appearance hearing officer upon his own warrant, payable by the city of New Orleans.
Further provides that the Municipal Court of New Orleans supporting services and personnel
shall be paid for by the city of New Orleans.
Proposed law provides that there may be one first appearance officer in the Municipal Court
of New Orleans, that he may receive an annual salary in accordance with the unclassified
pay plan for officers and employees in the unclassified service for the city of New Orleans
at pay range 66, subject to the general rules applicable to the unclassified service and to the
unclassified pay plan as a whole. Further provides that such salary may be payable to the
first appearance hearing officer upon his own warrant, payable by the city of New Orleans.
Further provides that the supporting services of the Municipal Court of New Orleans may
be paid for by the city of New Orleans.
Present law provides that the Municipal Court of New Orleans clerk shall appoint such
deputies, assistants and employees as the legislature may provide; that there shall not be less
than twenty deputy clerks and other employees of the court, and designates their salaries and
manner of appointment and removal.
Proposed law provides that the Municipal Court of New Orleans clerk may appoint such
deputies, assistants and employees as the legislature may provide, and removes the minimum
number of employees as well as any specific salary designation or specified manner of
appointment and removal.
Present law provides that all salaries of the clerks and deputy clerks of the Municipal Court
of New Orleans shall be paid by the city of New Orleans.
Proposed law provides that all salaries of the clerks and deputy clerks of the Municipal Court
of New Orleans may be paid by the city of New Orleans.
Present law provides that the city of New Orleans shall provide suitable rooms, furniture,
stationery, and other operating expenses for the Municipal Court of New Orleans, and that
the department of police of the city of New Orleans shall detail the necessary number of
police officers to the court.
Proposed law provides that the city of New Orleans may provide suitable rooms, furniture,
stationery, and other operating expenses for the Municipal Court of New Orleans, and that
the department of police of the city of New Orleans or the Orleans Parish Sheriff shall detail
the necessary number of police officers to the court.
Present law provides that there shall be one clerk of the Traffic Court of New Orleans.
Proposed law provides that there may be one clerk of the Traffic Court of New Orleans.
Present law provides that each Traffic Court of New Orleans judge shall appoint his own SB NO. 722
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minute clerk, stenographer, crier, court reporter, and such clerical, research, administrative
or other personnel as he deems necessary to expedite the business and functions of the court;
that the salaries and all benefits of such personnel shall be paid by the city of New Orleans
on the warrant of the judge making the appointment, and that such appointees' salaries shall
be included in the unclassified pay plan of the city of New Orleans.
Proposed law provides that each Traffic Court of New Orleans judge may appoint his own
minute clerk, stenographer, crier, court reporter, and such clerical, research, administrative
or other personnel as he deems necessary to expedite the business and functions of the court;
that the salaries and all benefits of such personnel may be paid by the city of New Orleans
on the warrant of the judge making the appointment, and that such appointees' salaries may
be included in the unclassified pay plan of the city of New Orleans.
Present law provides that all salaries of the clerks, deputies, assistants and employees of the
traffic court of New Orleans shall be paid by the city of New Orleans. Further provides that
in the event the city shall refuse or fail to pay any such salaries, the judge or judges of the
Traffic Court of New Orleans shall withhold from the funds collected under the court's
jurisdiction sufficient money to pay any salaries not paid by the city, and shall deposit such
withheld money in a separate bank account against which a judge, or judges shall draw
appropriate checks to pay such salaries.
Proposed law provides that all salaries of the clerks, deputies, assistants and employees of
the traffic court of New Orleans may be paid by the city of New Orleans. Proposed law
repeals present law relative to withholding court funds in the event of the city's refusal or
failure to pay such salaries.
Present law provides that the city of New Orleans shall provide to the Traffic Court of New
Orleans suitable facilities, rooms, furniture, equipment and supplies for the proper
functioning of the court.
Proposed law provides that the city of New Orleans may provide to the Traffic Court of New
Orleans suitable facilities, rooms, furniture, equipment and supplies for the proper
functioning of the court.
Effective August 1, 2012.
(Amends R.S. 13:2492(A) and (F), 2495, 2495.1(A), 2496, 2496.1, 2496.3(B), (D), and (E),
2497, 2499, 2501.1(H), (I), and (K), 2507 and 2509)