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Regular Session, 2014
HOUSE BILL NO. 1206
BY REPRESENTATIVE LEGER
COURTS: Provides for the consolidation of the New Orleans Traffic and Municipal Courts
AN ACT1
To amend and reenact R.S. 13:2491, 2492, 2493, 2493.1(A)(introductory paragraph), (B),2
(C), and (D), 2495, 2495.1(A), 2496.1, 2496.2(A), 2496.3(A), (B), (E), (F),3
(G)(introductory paragraph), (3) and (5), 2496.4, 2497, 2498(A), (B), and (C), 2499,4
2500(A) and (B), 2500.1, 2500.2, 2500.4, 2501, 2512, 2513, 2514, 2515, 2516, and5
2519(A) and to repeal R.S. 13:2501.1, 2505, 2506, 2507, 2507.1, and 2509, relative6
to the consolidation of the municipal and traffic courts of New Orleans; to require7
the consolidation of the municipal and traffic courts in New Orleans; to transfer the8
traffic court judges to the municipal court; to abolish judgeships upon expiration of9
terms; to provide relative to jurisdiction; to eliminate the clerk of court and judicial10
administrator for the traffic court; to transfer certain employees of the traffic court11
to the consolidated court; to create the consolidated judicial expense fund; to provide12
for the payment of salaries for clerks and deputy clerks; to provide relative to13
security detail; to authorize additional costs to defray expenses of the court; and to14
provide for related matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. R.S. 13:2491, 2492, 2493, 2493.1(A)(introductory paragraph), (B), (C),17
and (D), 2495, 2495.1(A), 2496.1, 2496.2(A), 2496.3(A), (B), (E), (F), (G)(introductory18
paragraph), (3) and (5), 2496.4, 2497, 2498(A), (B), and (C), 2499, 2500(A) and (B), 2500.1,19 HLS 14RS-2420 ORIGINAL
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2500.2, 2500.4, 2501, 2512, 2513, 2514, 2515, 2516, and 2519(A) are hereby amended and1
reenacted to read as follows: 2
CHAPTER 8. MUNICIPAL AND TRAFFIC COURT OF NEW ORLEANS3
§2491. Municipal and traffic court of New Orleans4
There is created a "Municipal and Traffic Court of New Orleans".5
§2492. Four judges; qualifications; election; salary; vacation6
A. The court Municipal and Traffic Court of New Orleans shall consist of7
four judges, all of whom must be attorneys-at-law, who shall be elected by the8
qualified electors of the parish of Orleans. They shall not be less than thirty years9
of age. Each shall have practiced law in the state for at least five years preceding his10
election; and shall be a duly qualified elector of the parish of Orleans.11
(1) Each of the four judges, one of whom shall be the judge of the housing12
court division, for the purposes of nomination and election only, shall preside over13
separate and distinct divisions of the court.14
(2) The divisions provided for in Paragraph (1) of this Subsection shall be15
designated alphabetically as Division "A", Division "B", Division "C", and Division16
"D". The judge senior in point of continuous service shall preside over Division "A",17
and the other judges of the court shall occupy the other designated divisions18
according to their respective periods of continuous service.19
B. The first judges of the court elected at the congressional election of 194820
shall serve as follows: one of the judges for a term expiring December 31st, 1952,21
one for a term expiring December 31st, 1954, one for a term expiring December22
31st, 1956, and one for a term expiring December 31st, 1958. Thereafter each Each23
of the judges shall be elected for an eight year term at the regular congressional24
election held immediately preceding the expiration of such term. Every term shall25
expire on December 31st of the last year thereof. Any vacancy in the court for any26
cause where the unexpired term is less than one year shall be filled temporarily by27
appointment by the governor until the next succeeding congressional election, at28
which time such vacancy shall be filled for the remainder of the unexpired term by29 HLS 14RS-2420 ORIGINAL
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election. All judges so elected shall take their office on the first day of January1
following their election.2
C.(1) There is hereby created four additional judgeships for the Municipal3
and Traffic Court of New Orleans. The judges and their successors shall preside4
over Divisions "E", "F", "G", and "H", and shall be subject to the same qualifications5
as provided for in this Section.6
(2) The judgeship comprising of Divisions "G" and "H" shall be abolished7
effective midnight, December 31, 2014.8
C.D. Each of the judges shall receive a salary of not less than eighteen9
thousand dollars per annum, payable monthly by the city of New Orleans on his own10
warrant.11
D.E. Each of the judges of the municipal court Municipal and Traffic of New12
Orleans shall have annual vacation of thirty days, the time to be fixed by the rules13
of the court.14
E.F. Whenever any of the judges are temporarily absent because of court15
business, illness or while on vacation, a judge ad hoc may be appointed by the judges16
of the municipal and traffic court, acting en banc, to serve during the period of such17
temporary absence. The judge ad hoc shall have the qualifications for election to the18
office and his compensation shall be proportionately equal to that of the judge for19
whom he is appointed to serve, and shall be payable in the same manner and from20
the same source and/or sources as that of such judge.21
F.G. The judge of the Municipal and Traffic Court of New Orleans having22
the most seniority shall become the senior and administrative judge during his tenure23
of office and shall not engage in the practice of law or share in the profits, directly24
or indirectly, of any law firm or legal corporation. The senior and administrative25
judge of the Municipal and Traffic Court of New Orleans shall possess the same26
qualifications that are required of district court judges and shall receive a salary of27
not less than eighteen thousand dollars per annum, but not more than the salary paid,28
from all sources, to the district court judges in and for the parish of Orleans. The29 HLS 14RS-2420 ORIGINAL
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governing authority of Orleans Parish shall determine the salary paid to the senior1
and administrative judge, of which the amount payable by the state to city judges of2
the state shall be paid by the state and the remainder shall be payable by the city of3
New Orleans. The salary of the senior and administrative judge shall be payable4
monthly on his own warrant. Should the senior judge decline the position of senior5
and administrative judge then the next senior judge of the municipal and traffic court6
may assume the position.7
§2493. Jurisdiction8
A. The jurisdiction of the court shall extend to the trial of violations of the9
ordinances of the city of New Orleans, except including the regulation of traffic10
violations within the city of New Orleans.11
B. The jurisdiction of the courts shall further extend to the trial of violations12
of state statutes which are not triable by a jury; which jurisdiction shall be concurrent13
with that of the Criminal District Court for the Parish of Orleans. This jurisdiction14
shall not extend to traffic violations.15
C. The jurisdiction of the court shall further extend to the trial of offenses16
involving traffic and the regulation thereof punishable by state statute including17
violations of the Criminal Code of Louisiana involving traffic and the trial of18
violations relating to street and highway regulatory laws and such other state laws19
as relate to the operation of a vehicle. The jurisdiction over state traffic offenses20
shall be concurrent with the Criminal District Court for the Parish of Orleans. In21
addition, every prosecution in the Municipal and Traffic Court of New Orleans under22
state law shall be filed in the court by affidavit or bill of information under the23
provision of state law defining the offense and such prosecution shall be brought by24
the city attorney of New Orleans. The jurisdiction of the court shall further extend25
to appeals by any person aggrieved by an administrative hearing officer's decision26
concerning a traffic violation enforced by the city of New Orleans' automated traffic27
enforcement system. Any aggrieved person shall file such appeal within thirty days28
after the date of such decision. The court shall have de novo review over such29 HLS 14RS-2420 ORIGINAL
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appeals. The court shall adopt rules regulating the manner of taking, hearing, and1
deciding such appeals.2
D. When exercising said concurrent jurisdiction and in cases involving3
violation of an ordinance adopted pursuant to R.S. 14:143(B), all procedures shall4
comply with those parts of the Louisiana Constitution of 1974, the Louisiana5
Revised Statutes, and the Code of Criminal Procedure pertaining to the prosecution6
of criminal cases not requiring trial by jury.7
D,E. The jurisdiction of the Housing and Environmental Court Division shall8
extend to the trial of violations of the Building Code, the Comprehensive Zoning9
Ordinance and Chapters 28, 30, 48, and 54
1
of the City Code of the city of New10
Orleans as provided by law, in addition to the general jurisdiction of the Municipal11
and Traffic Court of New Orleans.12
E.F. The jurisdiction of the court shall extend to the granting of an13
injunction, preliminary injunction, or temporary restraining order pursuant to the14
provisions of Code of Civil Procedure Articles 3601 through 3613, when irreparable15
injury, loss, or damage may otherwise result to any person over whom the court has16
jurisdiction pursuant to this Section or as provided by law; however, the court shall17
not have the authority to grant injunctive relief with respect to any matter provided18
in Code of Civil Procedure Article 3604(B)(1) and (3) and (C).19
F.G. The court shall have no other jurisdiction.20
§2493.1. Housing court division; jurisdiction; powers of judge; environmental21
docket22
A. The council of the city of New Orleans is hereby authorized to create,23
subject to the approval of the majority of the judges of the Municipal and Traffic24
Court of New Orleans, the Housing and Environmental Court Division of the25
Municipal and Traffic Court of New Orleans, hereinafter referred to as the "housing26
court division". In the ordinance creating the housing court division, the said council27
shall designate the effective date of the creation of said the court. The housing court28 HLS 14RS-2420 ORIGINAL
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division shall be assigned, and its jurisdiction shall be limited to, all violations of the1
provisions of the following:2
* * *3
B. All cases involving violations of the provisions of the Building Code, The4
Comprehensive Zoning Ordinance, or Chapters 28, 30, 37, 48, and 54 of the City5
Code of the city of New Orleans, or the Fire Code presently pending before the6
Municipal and Traffic Court of New Orleans, shall be transferred to the housing7
court division for further proceedings in accordance with law.8
C. Upon creation of the housing court division, one of the judges of the9
Municipal and Traffic Court of New Orleans now provided for by R.S. 13:2492 shall10
be assigned to serve as the judge of the housing court division of the Municipal and11
Traffic Court of New Orleans.12
(1) Each of the four judges provided for in R.S. 13:2492, one of whom shall13
be the judge of the housing court division, for the purposes of nomination and14
election only, shall preside over separate and distinct divisions of the court.15
(2) The divisions provided for in Subparagraph (1) above shall be designated16
alphabetically as Division "A", Division "B", Division "C", and Division "D". The17
judge senior in point of continuous service shall preside over Division "A", and the18
other judges of the court shall occupy the other designated divisions according to19
their respective periods of continuous service.20
D.(1) The jurisdiction of the Municipal and Traffic Court of New Orleans,21
the Housing and Environmental Court Division of the Municipal and Traffic Court22
of New Orleans shall extend to the trial of violations of an ordinance of the city of23
New Orleans and the violations of state statutes which are not triable by a jury for24
criminal prosecutions provided in R.S. 14:107.3, and any other authority provided25
by law or home rule charter for the civil enforcement of health, safety, and welfare26
ordinances, including but not limited to the authority provided in R.S. 13:2575 for27
administrative adjudication for violations of public health, housing, fire code,28
environmental building code, zoning, historic district, permitting vegetation, and29 HLS 14RS-2420 ORIGINAL
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nuisance ordinances, as provided for and defined in R.S. 33:1374. In Orleans Parish,1
the public authority may enforce health, safety, and welfare statutes or ordinances2
or otherwise seek to eliminate blighted property, unsafe structures and equipment,3
unlawful structures and structures unfit for human occupancy, housing violations, or4
public nuisances additionally in the Municipal and Traffic Court of New Orleans.5
(2) A separate environmental docket of the Housing and Environmental6
Court Division of the Municipal and Traffic Court of New Orleans is established7
into which the public authority, as defined in R.S. 33:1374, or other party, may8
request allotment or transfer of cases brought pursuant to R.S. 33:1374.9
* * *10
§2495. Clerk of court11
A. There shall be one clerk of the Municipal and Traffic Court of New12
Orleans who shall be appointed by the judges thereof and shall be subject to removal13
by a majority of the judges of the court, at will. The court shall adopt such rules and14
regulations governing the functions, duties, operation, and procedure of the clerk's15
office as may be necessary. 16
B. There shall be one clerk of the Traffic Court of New Orleans who shall17
be appointed by the judges thereof and shall be subject to removal by a majority of18
the judges of the court, at will. The court shall adopt such rules and regulations19
governing the functions, duties, operation, and procedure of the clerk's office as may20
be necessary.21
C.B. The salaries of the clerk of municipal court and the clerk of traffic court22
salary of the clerk of the municipal and traffic court shall be determined and set by23
a three-fourths majority of the judges of the two courts court; the salaries salary shall24
be the same and shall be paid from the respective consolidated judicial expense funds25
fund of the courts court. However, if one of the funds has insufficient resources,26
then both salaries may be paid from the remaining fund.27
D.C. The said clerks clerk shall retain all of the benefits of their its office,28
including but not limited to hospitalization coverage, retirement benefits, insurance29 HLS 14RS-2420 ORIGINAL
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benefits, and sick and annual leave benefits, and they it shall be paid through the1
payroll system utilized by the city of New Orleans for its other employees.2
E.D. The said clerks clerk shall continue to be paid under the current method3
used by the city of New Orleans until otherwise notified by the judges of the4
municipal and traffic courts court.5
§2495.1. Judicial administrator6
A. There shall be one judicial administrator of the Municipal and Traffic7
Court of New Orleans, who shall be appointed by the judges thereof and shall be8
subject to removal by a majority of the judges of the court at will. The court shall9
adopt such rules and regulations governing the functions, duties, operations, and10
procedures of the judicial administrator's office as may be necessary. The salary and11
benefits shall be paid by the city of New Orleans on the warrant of the chief judge.12
If the city fails to pay the salary and benefits, they may be paid from the consolidated13
judicial expense fund of the court.14
* * *15
§2496.1. Crier; appointment; salary16
Each judge of the Municipal and Traffic Court of New Orleans shall appoint17
his own crier. If the council of the city of New Orleans shall fail to approve the18
salary, each crier's salary may be paid monthly from the consolidated judicial19
expense fund of the court, provided that such crier's salary does not exceed the20
amount paid to the crier on May 1, 1984. Any increase in such salary shall be21
subject to the prior approval of the council of the city of New Orleans.22
§2496.2. Expenses of municipal and traffic court23
A. Notwithstanding any other law to the contrary, a majority of the judges24
of the Municipal and Traffic Court of New Orleans may authorize a payment from25
the consolidated judicial expense fund of the court to defray any expense of the court26
including salary supplements for any personnel as in their discretion may be27
necessary to expedite the business and function of the court.28
* * *29 HLS 14RS-2420 ORIGINAL
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§2496.3. First appearance hearing officer; appointment; salary; qualifications1
A. There is hereby created the office of first appearance hearing officer of2
the Municipal and Traffic Court of New Orleans.3
B. There shall be only one first appearance officer. The first appearance4
hearing officer shall be appointed by a majority of the duly elected judges of the5
Municipal and Traffic Court of New Orleans and shall be subject to removal at will6
by a majority of the judges of the court. The court shall adopt such rules as are7
necessary to define the functions, duties, and operational procedures of the office of8
the first appearance hearing officer.9
* * *10
E. The judges of the Municipal and Traffic Court of New Orleans, sitting en11
banc, and the city of New Orleans shall provide necessary support services and12
personnel, including minute clerks and court reporters, for the office. The supporting13
services and personnel shall be paid for by the city of New Orleans.14
F. Quarters necessary for the conduct of the office of the first appearance15
hearing officer shall be provided by the governing authority of the city of New16
Orleans or the Municipal and Traffic Court of New Orleans. The first appearance17
hearing officer may hold hearings at the facilities where city prisoners are18
incarcerated.19
G. The first appearance hearing officer shall have all such powers and duties20
not inconsistent with the constitution and laws of this state, the constitution and laws21
of the United States, and the rules of the Municipal and Traffic Court of New22
Orleans, and the duties assigned to the hearing officer by the judges of that court,23
including the following powers and duties:24
* * *25
(3) To sign orders including issuance of peace bonds for cases triable in the26
Municipal and Traffic Court of New Orleans.27
* * *28 HLS 14RS-2420 ORIGINAL
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(5) To fine and punish for contempt of court in the same manner as a judge1
of the Municipal and Traffic Court of New Orleans as provided for in Code of2
Criminal Procedure Articles 20 through 25.3
* * *4
§2496.4. Consolidated Judicial expense fund for the Municipal and Traffic Court of5
New Orleans6
A. There is hereby established the consolidated judicial expense fund for the7
Municipal and Traffic Court of New Orleans, which shall be a special account for8
use in administration of the court. The judicial administrator shall deposit into the9
fund any monies specifically designated for such purpose. The judges of the court,10
en banc, shall have control over and administer the funds which are annually11
appropriated or otherwise authorized under the law and all disbursements made12
therefrom. The judges shall cause to be conducted an annual audit of the fund and13
the books and accounts relating thereto, and shall file the audit with the legislative14
auditor where it shall be available for public inspection.15
B. The consolidated judicial expense fund may be used for any operating16
expense of the court, including salaries for court reporters, bailiffs, minute clerks,17
and other court personnel, in addition to any and all other funds, salaries, expenses,18
or other monies that are provided, authorized, or established by law. No salary shall19
be paid from the consolidated judicial expense fund to any judges of the court.20
§2497. Deputy clerks; appointment; salaries; removal21
A. The clerk of the municipal court Municipal and Traffic of New Orleans22
shall appoint such deputies, assistants and employees as the legislature may provide.23
There shall not be less than twenty deputy clerks and other employees of the court.24
B. All salaries of the clerks and deputy clerks of the municipal court25
Municipal and Traffic Court of New Orleans shall be paid by the city of New26
Orleans. In the event that the city shall refuse or fail to pay any such salaries, the27
judge, or judges, of the court shall withhold from the funds collected under the28
jurisdiction of the court sufficient money to pay any salaries not paid by the city,29 HLS 14RS-2420 ORIGINAL
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and, in such event, the judge, or judges, of the court shall deposit the money withheld1
in a separate bank account against which a judge, or judges thereof, shall draw2
appropriate checks to pay such salaries.3
§2498. Appeal; proceedings; record; hearing4
A. There shall be a right of appeal in all cases from the municipal court5
Municipal and Traffic Court of New Orleans to the criminal district court for the6
parish of Orleans. The appeals shall be on the law and the facts and shall be tried by7
the judge of the criminal district court to whom the appeal shall be allotted upon the8
records made and the evidence offered in the municipal court Municipal and Traffic9
Court of New Orleans. The criminal district court shall have general and supervisory10
jurisdiction over the municipal court Municipal and Traffic Court of New Orleans,11
and may issue such writs and orders as may be necessary in aid of its appellate and12
supervisory jurisdiction.13
B. The court reporters of the court shall, in all cases, take down the14
testimony verbatim. The stenographic notes need not be written out unless an appeal15
is taken, in which case the testimony shall be written out and signed by the judge.16
In cases of appeal the clerk shall prepare the record for the appellate court. This will17
consist of the affidavit bond, testimony and every document, instrument, property18
or thing whatsoever in possession of the court, filed in the trial of the case, together19
with the ordinance or ordinances on which the prosecution is based. The clerk shall20
make, in duplicate, a list of each specific thing, whose correctness shall be certified21
to by the judges to one of the lists. This record, and all it contains, and the signed list22
shall then be filed with the clerk of the criminal district court who will receipt for23
same after signing the other list. When the appeal is taken it divests the municipal24
court Municipal and Traffic Court of New Orleans from all further jurisdiction in the25
case.26
C. In all appeals, the appeal shall be heard by one of the judges of the27
criminal district court. No appeal shall be taken except when taken on the day of28
sentence. All appeals taken from the judgment of the municipal court Municipal and29 HLS 14RS-2420 ORIGINAL
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Traffic Court of New Orleans shall be by oral or written motion in open court, and1
they shall be returnable to the criminal district court within five days. Upon2
application to the appellate court, this term may, in case of necessity, be extended.3
* * *4
§2499. Quarters, furniture and stationery; police detail5
The city of New Orleans shall provide suitable rooms, furniture, stationery,6
and other operating expenses for the municipal court Municipal and Traffic Court of7
New Orleans, and the Orleans Parish Sheriff's Office, the city constable, or8
department of police of the city of New Orleans shall detail, subject to such rules as9
it may adopt, the necessary number of police law enforcement officers to the court,10
to keep order and execute orders and decrees of the judges thereof.11
§2500. Powers of judges, clerks, and court reporters12
A. The judges of the municipal court Municipal and Traffic Court of New13
Orleans and their clerks and court reporters may administer oaths and the judges may14
compel witnesses to appear and testify.15
B. The court shall possess inherently all powers necessary for the exercise16
of its jurisdiction and the enforcement of its lawful orders including the authority to17
issue such writs and orders as may become necessary and the court has the power to18
punish for contempt, as provided in the Louisiana Criminal Code of Procedure,19
Articles 20 through 25 as the same may from time to time be amended, which20
articles define contempt and prescribe the penalties therefor.21
* * *22
§2500.1. Additional costs; municipal court probation department Municipal and23
Traffic Court Probation Department; special fund24
A. Any defendant, other than an indigent, who pleads guilty or is convicted25
of an offense by the municipal court Municipal and Traffic Court of the city of New26
Orleans shall be assessed costs not to exceed the sum of fifteen dollars for each27
offense, such costs to be in addition to any fine, clerk's fees or costs or any other fee28
or costs provided by law or sentence imposed by the court. When any defendant,29 HLS 14RS-2420 ORIGINAL
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other than an indigent, fails to pay the added costs referred to hereinabove, he shall1
be sentenced to a term of thirty days in the House of Detention.2
B. When any surety, cash, or other bond posted in the municipal court3
Municipal and Traffic Court of the city of New Orleans guaranteeing the appearance4
of any defendant in any case in the municipal court Municipal and Traffic Court of5
New Orleans has been forfeited, said the surety company or its local agent or its6
insurance company, or both, for which said the agent is writing bail bonds, shall be7
assessed the added costs provided for in Subsection A of this Section. The forfeiture8
of any bond referred to hereinabove shall not be set aside until the above costs have9
been paid, in addition to the other legal requirements of law having been met for the10
setting aside of the forfeiture. Costs assessed against sureties and surety companies11
pursuant to this Section shall be collected and administered in the same manner as12
that set out in Subsection C of this Section.13
C. Costs assessed against defendants pursuant to this Section shall be14
collected by the clerk of the municipal court Municipal and Traffic Court of New15
Orleans. All sums so collected shall be remitted to the municipal and traffic court16
judicial administrator who shall deposit such sums in a bank or banks in the city of17
New Orleans in which deposits are insured or guaranteed by the federal government18
or any agency thereof. The deposits shall be credited to a special fund to be19
designated as the Municipal and Traffic Court Probation Department Fund which20
shall be administered by the judges of the municipal and traffic court.21
D. There is hereby created a probation department in the municipal court22
Municipal and Traffic Court of the city of New Orleans which shall be funded from23
the Municipal and Traffic Court Probation Department Fund along with funds which24
may be realized from federal or state grants and any other sums which may be25
appropriated by the council of the city of New Orleans. The purpose of the said the26
probation department is to provide staff to monitor the behavior of defendants and27
to develop a comprehensive probationary service program at the municipal court28 HLS 14RS-2420 ORIGINAL
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Municipal and Traffic Court of New Orleans, which shall include but not be limited1
to release on recognizance, restitution, diversionary, and active probation programs.2
§2500.2. Additional court costs to defray expenses3
A.(1) In all cases over which the Municipal and Traffic Court of New4
Orleans has jurisdiction, there shall be assessed as costs against every defendant who5
is convicted after trial or after he pleads guilty or who forfeits his bond a6
nonrefundable sum of thirty dollars, which shall be in addition to all other fines,7
costs, or forfeitures lawfully imposed.8
(2) The sums collected under Paragraph (1) of this Subsection shall be9
remitted to the municipal court Municipal and Traffic Court of New Orleans judicial10
administrator, who shall deposit the sums to the credit of the municipal court court's11
consolidated judicial expense fund to be used by the court to defray its expenses.12
B.(1) In all prosecutions in the Municipal and Traffic Court of New Orleans,13
including all traffic violations other than parking, there shall be taxed as costs against14
every defendant, who is convicted after trial or plea of guilty or nolo contendere or15
who forfeits his bond, the sum of five dollars, which shall be in addition to all other16
fines, costs, or forfeitures lawfully imposed and which shall be transmitted to the17
clerk of the Municipal and Traffic Court of New Orleans to be used by the court to18
defray its expenses.19
(2) The Municipal and Traffic Court of New Orleans shall by court rule20
provide procedures for the timely collection and accounting of the fees imposed by21
this Section. All fees collected under this Section shall be remitted to the municipal22
and traffic court judicial administrator for deposit into a special fund designated as23
the municipal and traffic court consolidated judicial expense fund.24
C. In all prosecutions in the Municipal and Traffic Court of New Orleans,25
including all traffic violations other than parking, there shall be taxed as additional26
costs against every defendant who is convicted after trial or plea of guilty or nolo27
contendere or who forfeits his bond, a sum not to exceed thirty dollars, which shall28
be in addition to all other fines, costs, or forfeitures lawfully imposed and which29 HLS 14RS-2420 ORIGINAL
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shall be transmitted to the consolidated judicial expense fund of the Municipal and1
Traffic Court of New Orleans to be used by the court to defray its expenses.2
§2500.4. Enumeration of fees; copies; retrieval fee3
In addition to any other fees authorized by law, the clerk of the New Orleans4
Municipal and Traffic Court may demand and receive the following fees:5
(1) Copies per page uncertified, one dollar.6
(2) Copies per page certified, two dollars.7
(3) Computer-generated chronologies uncertified copies, two dollars.8
(4) Computer-generated chronologies certified copies, three dollars.9
(5) File retrieval fee, twenty dollars.10
§2501. Fines imposed remitted monthly to city treasurer11
Each judge of the municipal court Municipal and Traffic Court of New12
Orleans shall see to it that all fines imposed by him are collected and remitted13
monthly to the city treasurer of New Orleans.14
§2512. Initiation of proceedings by affidavit or by bill of information in the15
municipal and traffic courts court16
Notwithstanding Code of Criminal Procedure Article 382, all proceedings in17
the municipal and traffic courts Municipal and Traffic Court of New Orleans shall18
be initiated by affidavit or bill of information. The affidavit shall consist of the19
sworn statement of the complainant, or the police law enforcement officer, filed with20
the court on a form approved by the respective court. The city council of the city of21
New Orleans may designate by ordinance certain police officials who shall have the22
power to take oaths, and verify affidavits filed by other members of the New Orleans23
police department, the Orleans Parish Sheriff's Office or the constable. The city24
attorney of the city of New Orleans or any of his assistants may also initiate25
prosecutions by affidavit or bill of information on information and belief in the26
municipal and traffic courts Municipal and Traffic Court of New Orleans.27 HLS 14RS-2420 ORIGINAL
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§2513. Conduct of trials; rules of evidence in the municipal and traffic courts court1
The trials of all cases in the municipal and traffic courts Municipal and2
Traffic Court of New Orleans, and the rules of evidence applicable thereto, shall be3
the same as govern the trials of misdemeanors under Title 15 of the Louisiana4
Revised Statutes of 1950 as they presently exist or as they may be hereafter5
amended.6
§2514. Appeals; cost bond for transcripts from the municipal and traffic courts court7
The city council of New Orleans may provide by ordinance that in all appeals8
from the municipal and traffic courts Municipal and Traffic Court of New Orleans,9
there shall be required the posting of a reasonable costs bond to defray the cost of10
preparing the transcript in connection with any such appeal. This shall not be11
construed to bar any appellant from taking an appeal in forma pauperis.12
§2515. Application for supervisory writs; stay orders13
All applications for supervisory writs of certiorari, prohibition or mandamus14
to the Criminal District Court for the Parish of Orleans from the municipal and15
traffic courts Municipal and Traffic Court of New Orleans shall be filed with the16
clerk of the Criminal District Court for the Parish of Orleans, and shall be by him17
allotted to the criminal court of appeals panel then sitting to hear appeals within that18
court under its rules, in connection with cases not appealable to the Supreme Court19
of Louisiana. No stay order shall be binding on the lower court unless at least two20
of such judges shall order such stay. The application for writs shall follow the21
general form and shall contain all documents and exhibits now required by Rule 1222
of Rules of the Supreme Court of Louisiana, or as may be hereafter required under23
Rule 12.24
§2516. Conviction in the municipal and traffic courts court not to be used in district25
court26
No conviction in the traffic court of New Orleans or in the municipal court27
Municipal and Traffic Court of New Orleans may be used in any trial in any district28
court of this state arising out of the same facts and circumstances in connection with29 HLS 14RS-2420 ORIGINAL
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which the defendant was charged in the municipal or traffic courts Municipal and1
Traffic Court of New Orleans.2
§2519. Procedure for granting probation to convicted defendants in the Municipal3
and Traffic Courts Court of New Orleans4
A. The judges of the municipal and traffic courts Municipal and Traffic5
Court of New Orleans may in their discretion, and where the circumstances of the6
case merit it, suspend the execution or imposition of any sentence, or defer the7
imposition of same, in any case where the defendant has pleaded guilty or been8
found guilty of a misdemeanor in a case before them. This may be done even though9
the defendant has begun to serve the sentence. The period of probation during which10
the sentence shall be suspended or deferred shall be fixed by the court at not less than11
six months and not more than eighteen months.12
* * * 13
Section 2. R.S. 13:2501.1, 2505, 2506, 2507, 2507.1, and 2509 are hereby repealed14
in their entirety.15
Section 3. The judges of the existing Traffic Court of New Orleans shall be16
transferred to the Municipal and Traffic Court of New Orleans, comprising of Divisions E,17
F, G, and H. The two judgeships whose terms of office expires on December 31, 2014, shall18
occupy Divisions G and H and such judgeships and divisions shall be abolished at midnight19
on December 31, 2014.20
Section 4. It is the intent of the legislature that the consolidation of these offices21
should be accomplished with the least possible disruption of services and the least possible22
expenditure of public funds. The officials and employees participating in the effectuation23
of all of the consolidations provided in this Act shall be charged with the responsibility for24
carrying out this intent.25
Section 5. A separate account is hereby established as the Consolidated Judicial26
Expense Fund for the Municipal and Traffic Court of New Orleans, and all sums collected27
or received by the municipal and traffic courts, shall be deposited in the separate account.28 HLS 14RS-2420 ORIGINAL
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Section 6. The city of New Orleans shall continue to provide quarters for the conduct1
of the functions of the Municipal and Traffic Court of New Orleans and all offices2
transferred as provided in this Act.3
Section 7. All books, papers, records, money, actions, and other property of every4
kind and description, movable and immovable, real and personal, possessed, controlled, or5
used by the traffic court shall be transferred with each office to the Municipal and Traffic6
Court of New Orleans.7
Section 8.(A) The clerk of the Municipal and Traffic Court of New Orleans, having8
consulted with the clerk of the New Orleans Traffic Court transferred by this Act, shall9
develop a professional and efficient implementation plan for reorganization and10
consolidation of such offices within the office of the clerk of court in accordance with the11
provisions of this Act. This plan shall include detailed procedures for the consolidation and12
coordination of the powers, duties, functions, and responsibilities of each office and also13
shall include procedures for the transfer and utilization of positions, personnel, and14
equipment. At the request of the clerk of court of the Municipal and Traffic Court of New15
Orleans, the clerk of court of the traffic court shall compile the following information and16
any other information requested by the clerk to be used in preparing the implementation17
plan:18
(1) A complete list of all personnel, including salaries and job descriptions.19
(2) A complete inventory of all furniture, fixtures, and equipment of every kind. 20
(3) Financial data and information. 21
(B) The clerk of court of the Municipal and Traffic Court of New Orleans shall have22
the authority to retain the sufficient amount of employees or personnel of the traffic court23
to efficiently operate the functions of the office.24
Section 9. The legislature hereby specifically states that this Act is in no way and25
to no extent intended to nor shall it be construed in any manner which will impair the26
contractual or other obligations of any office transferred by this Act.27
Section 10. This Act shall not be construed or applied in any way which will prevent28
full compliance with the requirements of any Act of Congress of the United States or any29 HLS 14RS-2420 ORIGINAL
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regulation made thereunder by which federal aid or other federal assistance has been or1
hereafter is made available.2
Section 11. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
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. 1206
Abstract: Provides for the consolidation of the municipal and traffic courts of New
Orleans.
Present law provides for the Municipal Court and Traffic Courts of New Orleans and the
judgeships and clerks of court for each court and their respective salaries, terms of office,
qualifications, powers and duties and employees and personnel. Present law further provides
for jurisdiction of the courts and procedures relative to trials and appeals, judicial
administrators, judicial expense funds and use of such funds, quarters for the court,
additional costs, and enumeration of fees and fines.
Proposed law consolidates the Municipal Court of New Orleans and the Traffic Court of
New Orleans and creates the Municipal and Traffic Court of New Orleans and provides for
its jurisdiction.
Proposed law transfers the four judges from the traffic court to the consolidated court and
creates four additional judgeships to be comprised of Divisions "E", "F", "G", and "H".
Proposed law provides for the two judgeships which currently preside over Divisions "C"
and "D" of the traffic court, to occupy Divisions "G" and "H" of the consolidated court, and
further requires that the two judgeships and divisions ("G" and "H") are abolished upon
expiration of their terms of office, effective December 31, 2014, at midnight.
Proposed law provides for one clerk of court and judicial administrator for the consolidated
court and authorizes the clerk of the consolidated court to determine the necessary
employees from the traffic court that will be transferred for the efficient operation of the
office.
Proposed law creates a consolidated judicial expense fund and requires all funds from the
municipal and traffic court to be transferred and deposited into this separate account.
Proposed law provides for the transfer of all property of the traffic court to the consolidated
court.
Proposed law authorizes the Orleans Parish Sheriff's Office and the Constable's Office for
the city of New Orleans, to provide security detail for the consolidated court. HLS 14RS-2420 ORIGINAL
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Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 13:2491, 2492, 2493, 2493.1(A)(intro. para.), (B), (C), and (D), 2495,
2495.1(A), 2496.1, 2496.2(A), 2496.3(A), (B), (E), (F), (G)(intro. para.), (3) and (5), 2496.4,
2497, 2498(A), (B), and (C), 2499, 2500(A) and (B), 2500.1, 2500.2, 2500.4, 2501, 2512,
2513, 2514, 2515, 2516, and 2519(A); Repeals R.S. 13:2501.1, 2505, 2506, 2507, 2507.1,
and 2509)