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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; to provide relative to jurisdiction; to eliminate the clerk of court and9
judicial administrator for the traffic court; to transfer certain employees of the traffic10
court to the consolidated court; to create the consolidated judicial expense fund; to11
provide for the payment of salaries for clerks and deputy clerks; to provide relative12
to security detail; to authorize additional costs to defray expenses of the court; and13
to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 13:2491, 2492, 2493, 2493.1(A)(introductory paragraph), (B), (C),16
and (D), 2495, 2495.1(A), 2496.1, 2496.2(A), 2496.3(A), (B), (E), (F), (G)(introductory17
paragraph), (3) and (5), 2496.4, 2497, 2498(A), (B), and (C), 2499, 2500(A) and (B), 2500.1,18
2500.2, 2500.4, 2501, 2512, 2513, 2514, 2515, 2516, and 2519(A) are hereby amended and19
reenacted to read as follows: 20 HLS 14RS-2420 REENGROSSED
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CHAPTER 8. MUNICIPAL AND TRAFFIC COURT OF NEW ORLEANS1
§2491. Municipal and traffic court of New Orleans2
There is created a "Municipal and Traffic Court of New Orleans".3
§2492. Four Number of judges; qualifications; election; salary; vacation4
A. The court Municipal and Traffic Court of New Orleans shall consist of5
four eight judges, all of whom must be attorneys-at-law, who shall be elected by the6
qualified electors of the parish of Orleans. They shall not be less than thirty years7
of age. Each shall have practiced law in the state for at least five years preceding his8
election; and shall be a duly qualified elector of the parish of Orleans.9
(1) Each of the eight judges, one of whom shall be the judge of the housing10
court division, for the purposes of nomination and election only, shall preside over11
separate and distinct divisions of the court.12
(2) The divisions provided for in Paragraph (1) of this Subsection shall be13
designated alphabetically as Division "A", Division "B", Division "C", Division "D",14
Division "E", Division "F", Division "G", and Division "H".15
B. The first judges of the court elected at the congressional election of 194816
shall serve as follows: one of the judges for a term expiring December 31st, 1952,17
one for a term expiring December 31st, 1954, one for a term expiring December18
31st, 1956, and one for a term expiring December 31st, 1958. Thereafter each Each19
of the judges shall be elected for an eight year term at the regular congressional20
election held immediately preceding the expiration of such term. Every term shall21
expire on December 31
st
thirty-first of the last year thereof. Any vacancy in the court22
for any cause where the unexpired term is less than one year shall be filled23
temporarily by appointment by the governor until the next succeeding congressional24
election, at which time such vacancy shall be filled for the remainder of the25
unexpired term by election. All judges so elected shall take their office on the first26
day of January following their election.27 HLS 14RS-2420 REENGROSSED
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C. Each of the judges shall receive a salary of not less than eighteen1
thousand dollars per annum, payable monthly by the city of New Orleans on his own2
warrant.3
D. Each of the judges of the municipal court Municipal and Traffic Court of4
New Orleans shall have annual vacation of thirty days, the time to be fixed by the5
rules of the court.6
E. Whenever any of the judges are temporarily absent because of court7
business, illness or while on vacation, a judge ad hoc may be appointed by the judges8
of the municipal and traffic court, acting en banc, to serve during the period of such9
temporary absence. The judge ad hoc shall have the qualifications for election to the10
office and his compensation shall be proportionately equal to that of the judge for11
whom he is appointed to serve, and shall be payable in the same manner and from12
the same source and/or or sources as that of such judge.13
F. The judge of the Municipal and Traffic Court of New Orleans having the14
most seniority shall become the senior and administrative judge during his tenure of15
office and shall not engage in the practice of law or share in the profits, directly or16
indirectly, of any law firm or legal corporation. The senior and administrative judge17
of the Municipal and Traffic Court of New Orleans shall possess the same18
qualifications that are required of district court judges and shall receive a salary of19
not less than eighteen thousand dollars per annum, but not more than the salary paid,20
from all sources, to the district court judges in and for the parish of Orleans. The21
governing authority of Orleans Parish shall determine the salary paid to the senior22
and administrative judge, of which the amount payable by the state to city judges of23
the state shall be paid by the state and the remainder shall be payable by the city of24
New Orleans. The salary of the senior and administrative judge shall be payable25
monthly on his own warrant. Should the senior judge decline the position of senior26
and administrative judge then the next senior judge of the municipal and traffic court27
may assume the position.28 HLS 14RS-2420 REENGROSSED
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§2493. Jurisdiction1
A. The jurisdiction of the court shall extend to the trial of violations of the2
ordinances of the city of New Orleans, except including the regulation of traffic3
violations within the city of New Orleans.4
B. The jurisdiction of the courts shall further extend to the trial of violations5
of state statutes which are not triable by a jury; which jurisdiction shall be concurrent6
with that of the Criminal District Court for the Parish of Orleans. This jurisdiction7
shall not extend to traffic violations.8
C. The jurisdiction of the court shall further extend to the trial of offenses9
involving traffic and the regulation thereof punishable by state statute including10
violations of the Criminal Code of Louisiana involving traffic and the trial of11
violations relating to street and highway regulatory laws and such other state laws12
as relate to the operation of a vehicle. The jurisdiction over state traffic offenses13
shall be concurrent with the Criminal District Court for the Parish of Orleans. In14
addition, every prosecution in the Municipal and Traffic Court of New Orleans under15
state law shall be filed in the court by affidavit or bill of information under the16
provision of state law defining the offense and such prosecution shall be brought by17
the city attorney of New Orleans. The jurisdiction of the court shall further extend18
to appeals by any person aggrieved by an administrative hearing officer's decision19
concerning a traffic violation enforced by the city of New Orleans' automated traffic20
enforcement system. Any aggrieved person shall file such appeal within thirty days21
after the date of such decision. The court shall have de novo review over such22
appeals. The court shall adopt rules regulating the manner of taking, hearing, and23
deciding such appeals.24
D. When exercising said concurrent jurisdiction and in cases involving25
violation of an ordinance adopted pursuant to R.S. 14:143(B), all procedures shall26
comply with those parts of the Louisiana Constitution of 1974, the Louisiana27
Revised Statutes, and the Code of Criminal Procedure pertaining to the prosecution28
of criminal cases not requiring trial by jury.29 HLS 14RS-2420 REENGROSSED
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D,E. The jurisdiction of the Housing and Environmental Court Division shall1
extend to the trial of violations of the Building Code, the Comprehensive Zoning2
Ordinance and Chapters 28, 30, 48, and 54
1
of the City Code of the city of New3
Orleans as provided by law, in addition to the general jurisdiction of the Municipal4
and Traffic Court of New Orleans.5
E.F. The jurisdiction of the court shall extend to the granting of an6
injunction, preliminary injunction, or temporary restraining order pursuant to the7
provisions of Code of Civil Procedure Articles 3601 through 3613, when irreparable8
injury, loss, or damage may otherwise result to any person over whom the court has9
jurisdiction pursuant to this Section or as provided by law; however, the court shall10
not have the authority to grant injunctive relief with respect to any matter provided11
in Code of Civil Procedure Article 3604(B)(1) and (3) and (C).12
F.G. The court shall have no other jurisdiction.13
§2493.1. Housing court division; jurisdiction; powers of judge; environmental14
docket15
A. The council of the city of New Orleans is hereby authorized to create,16
subject to the approval of the majority of the judges of the Municipal and Traffic17
Court of New Orleans, the Housing and Environmental Court Division of the18
Municipal and Traffic Court of New Orleans, hereinafter referred to as the "housing19
court division". In the ordinance creating the housing court division, the said council20
shall designate the effective date of the creation of said the court. The housing court21
division shall be assigned, and its jurisdiction shall be limited to, all violations of the22
provisions of the following:23
* * *24
B. All cases involving violations of the provisions of the Building Code, The25
Comprehensive Zoning Ordinance, or Chapters 28, 30, 37, 48, and 54 of the City26
Code of the city of New Orleans, or the Fire Code presently pending before the27
Municipal and Traffic Court of New Orleans, shall be transferred to the housing28
court division for further proceedings in accordance with law.29 HLS 14RS-2420 REENGROSSED
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C. Upon creation of the housing court division, one of the judges of the1
Municipal and Traffic Court of New Orleans now provided for by R.S. 13:2492 shall2
be assigned to serve as the judge of the housing court division of the Municipal and3
Traffic Court of New Orleans.4
(1) Each of the four judges provided for in R.S. 13:2492, one of whom shall5
be the judge of the housing court division, for the purposes of nomination and6
election only, shall preside over separate and distinct divisions of the court.7
(2) The divisions provided for in Subparagraph (1) above shall be designated8
alphabetically as Division "A", Division "B", Division "C", and Division "D". The9
judge senior in point of continuous service shall preside over Division "A", and the10
other judges of the court shall occupy the other designated divisions according to11
their respective periods of continuous service.12
D.(1) The jurisdiction of the Municipal and Traffic Court of New Orleans,13
the Housing and Environmental Court Division of the Municipal and Traffic Court14
of New Orleans shall extend to the trial of violations of an ordinance of the city of15
New Orleans and the violations of state statutes which are not triable by a jury for16
criminal prosecutions provided in R.S. 14:107.3, and any other authority provided17
by law or home rule charter for the civil enforcement of health, safety, and welfare18
ordinances, including but not limited to the authority provided in R.S. 13:2575 for19
administrative adjudication for violations of public health, housing, fire code,20
environmental building code, zoning, historic district, permitting vegetation, and21
nuisance ordinances, as provided for and defined in R.S. 33:1374. In Orleans Parish,22
the public authority may enforce health, safety, and welfare statutes or ordinances23
or otherwise seek to eliminate blighted property, unsafe structures and equipment,24
unlawful structures and structures unfit for human occupancy, housing violations, or25
public nuisances additionally in the Municipal and Traffic Court of New Orleans.26
(2) A separate environmental docket of the Housing and Environmental27
Court Division of the Municipal and Traffic Court of New Orleans is established28 HLS 14RS-2420 REENGROSSED
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into which the public authority, as defined in R.S. 33:1374, or other party, may1
request allotment or transfer of cases brought pursuant to R.S. 33:1374.2
* * *3
§2495. Clerk of court4
A. There shall be one clerk of the Municipal and Traffic Court of New5
Orleans who shall be appointed by the judges thereof and shall be subject to removal6
by a majority of the judges of the court, at will. The court shall adopt such rules and7
regulations governing the functions, duties, operation, and procedure of the clerk's8
office as may be necessary. 9
B. There shall be one clerk of the Traffic Court of New Orleans who shall10
be appointed by the judges thereof and shall be subject to removal by a majority of11
the judges of the court, at will. The court shall adopt such rules and regulations12
governing the functions, duties, operation, and procedure of the clerk's office as may13
be necessary.14
C.B. The salaries of the clerk of municipal court and the clerk of traffic court15
salary of the clerk of the municipal and traffic court shall be determined and set by16
a three-fourths majority of the judges of the two courts court; the salaries salary shall17
be the same and shall be paid from the respective consolidated judicial expense funds18
fund of the courts court. However, if one of the funds has insufficient resources,19
then both salaries may be paid from the remaining fund.20
D.C. The said clerks clerk shall retain all of the benefits of their its office,21
including but not limited to hospitalization coverage, retirement benefits, insurance22
benefits, and sick and annual leave benefits, and they it shall be paid through the23
payroll system utilized by the city of New Orleans for its other employees.24
E.D. The said clerks clerk shall continue to be paid under the current method25
used by the city of New Orleans until otherwise notified by the judges of the26
municipal and traffic courts court.27 HLS 14RS-2420 REENGROSSED
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§2495.1. Judicial administrator1
A. There shall be one judicial administrator of the Municipal and Traffic2
Court of New Orleans, who shall be appointed by the judges thereof and shall be3
subject to removal by a majority of the judges of the court at will. The court shall4
adopt such rules and regulations governing the functions, duties, operations, and5
procedures of the judicial administrator's office as may be necessary. The salary and6
benefits shall be paid by the city of New Orleans on the warrant of the chief judge.7
If the city fails to pay the salary and benefits, they may be paid from the consolidated8
judicial expense fund of the court.9
* * *10
§2496.1. Crier; appointment; salary11
Each judge of the Municipal and Traffic Court of New Orleans shall appoint12
his own crier. If the council of the city of New Orleans shall fail to approve the13
salary, each crier's salary may be paid monthly from the consolidated judicial14
expense fund of the court, provided that such crier's salary does not exceed the15
amount paid to the crier on May 1, 1984. Any increase in such salary shall be16
subject to the prior approval of the council of the city of New Orleans.17
§2496.2. Expenses of municipal and traffic court18
A. Notwithstanding any other law to the contrary, a majority of the judges19
of the Municipal and Traffic Court of New Orleans may authorize a payment from20
the consolidated judicial expense fund of the court to defray any expense of the court21
including salary supplements for any personnel as in their discretion may be22
necessary to expedite the business and function of the court.23
* * *24
§2496.3. First appearance hearing officer; appointment; salary; qualifications25
A. There is hereby created the office of first appearance hearing officer of26
the Municipal and Traffic Court of New Orleans.27
B. There shall be only one first appearance officer. The first appearance28
hearing officer shall be appointed by a majority of the duly elected judges of the29 HLS 14RS-2420 REENGROSSED
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Municipal and Traffic Court of New Orleans and shall be subject to removal at will1
by a majority of the judges of the court. The court shall adopt such rules as are2
necessary to define the functions, duties, and operational procedures of the office of3
the first appearance hearing officer.4
* * *5
E. The judges of the Municipal and Traffic Court of New Orleans, sitting en6
banc, and the city of New Orleans shall provide necessary support services and7
personnel, including minute clerks and court reporters, for the office. The supporting8
services and personnel shall be paid for by the city of New Orleans.9
F. Quarters necessary for the conduct of the office of the first appearance10
hearing officer shall be provided by the governing authority of the city of New11
Orleans or the Municipal and Traffic Court of New Orleans. The first appearance12
hearing officer may hold hearings at the facilities where city prisoners are13
incarcerated.14
G. The first appearance hearing officer shall have all such powers and duties15
not inconsistent with the constitution and laws of this state, the constitution and laws16
of the United States, and the rules of the Municipal and Traffic Court of New17
Orleans, and the duties assigned to the hearing officer by the judges of that court,18
including the following powers and duties:19
* * *20
(3) To sign orders including issuance of peace bonds for cases triable in the21
Municipal and Traffic Court of New Orleans.22
* * *23
(5) To fine and punish for contempt of court in the same manner as a judge24
of the Municipal and Traffic Court of New Orleans as provided for in Code of25
Criminal Procedure Articles 20 through 25.26
* * *27 HLS 14RS-2420 REENGROSSED
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§2496.4. Consolidated Judicial expense fund for the Municipal and Traffic Court of1
New Orleans2
A. There is hereby established the consolidated judicial expense fund for the3
Municipal and Traffic Court of New Orleans, which shall be a special account for4
use in administration of the court. The judicial administrator shall deposit into the5
fund any monies specifically designated for such purpose. The judges of the court,6
en banc, shall have control over and administer the funds which are annually7
appropriated or otherwise authorized under the law and all disbursements made8
therefrom. The judges shall cause to be conducted an annual audit of the fund and9
the books and accounts relating thereto, and shall file the audit with the legislative10
auditor where it shall be available for public inspection.11
B. The consolidated judicial expense fund may be used for any operating12
expense of the court, including salaries for court reporters, bailiffs, minute clerks,13
and other court personnel, in addition to any and all other funds, salaries, expenses,14
or other monies that are provided, authorized, or established by law. No salary shall15
be paid from the consolidated judicial expense fund to any judges of the court.16
§2497. Deputy clerks; appointment; salaries; removal17
A. The clerk of the municipal court Municipal and Traffic Court of New18
Orleans shall appoint such deputies, assistants and employees as the legislature may19
provide. There shall not be less than twenty deputy clerks and other employees of20
the court.21
B. All salaries of the clerks and deputy clerks of the municipal court22
Municipal and Traffic Court of New Orleans shall be paid by the city of New23
Orleans. In the event that the city shall refuse or fail to pay any such salaries, the24
judge, or judges, of the court shall withhold from the funds collected under the25
jurisdiction of the court sufficient money to pay any salaries not paid by the city,26
and, in such event, the judge, or judges, of the court shall deposit the money withheld27
in a separate bank account against which a judge, or judges thereof, shall draw28
appropriate checks to pay such salaries.29 HLS 14RS-2420 REENGROSSED
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§2498. Appeal; proceedings; record; hearing1
A. There shall be a right of appeal in all cases from the municipal court2
Municipal and Traffic Court of New Orleans to the criminal district court for the3
parish of Orleans. The appeals shall be on the law and the facts and shall be tried by4
the judge of the criminal district court to whom the appeal shall be allotted upon the5
records made and the evidence offered in the municipal court Municipal and Traffic6
Court of New Orleans. The criminal district court shall have general and supervisory7
jurisdiction over the municipal court Municipal and Traffic Court of New Orleans,8
and may issue such writs and orders as may be necessary in aid of its appellate and9
supervisory jurisdiction.10
B. The court reporters of the court shall, in all cases, take down the11
testimony verbatim. The stenographic notes need not be written out unless an appeal12
is taken, in which case the testimony shall be written out and signed by the judge.13
In cases of appeal the clerk shall prepare the record for the appellate court. This will14
consist of the affidavit bond, testimony and every document, instrument, property15
or thing whatsoever in possession of the court, filed in the trial of the case, together16
with the ordinance or ordinances on which the prosecution is based. The clerk shall17
make, in duplicate, a list of each specific thing, whose correctness shall be certified18
to by the judges to one of the lists. This record, and all it contains, and the signed list19
shall then be filed with the clerk of the criminal district court who will receipt for20
same after signing the other list. When the appeal is taken it divests the municipal21
court Municipal and Traffic Court of New Orleans from all further jurisdiction in the22
case.23
C. In all appeals, the appeal shall be heard by one of the judges of the24
criminal district court. No appeal shall be taken except when taken on the day of25
sentence. All appeals taken from the judgment of the municipal court Municipal and26
Traffic Court of New Orleans shall be by oral or written motion in open court, and27 HLS 14RS-2420 REENGROSSED
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they shall be returnable to the criminal district court within five days. Upon1
application to the appellate court, this term may, in case of necessity, be extended.2
* * *3
§2499. Quarters, furniture and stationery; police detail4
The city of New Orleans shall provide suitable rooms, furniture, stationery,5
and other operating expenses for the municipal court Municipal and Traffic Court of6
New Orleans, and the Orleans Parish Sheriff's Office, the city constable, or7
department of police of the city of New Orleans shall detail, subject to such rules as8
it may adopt, the necessary number of police law enforcement officers to the court,9
to keep order and execute orders and decrees of the judges thereof.10
§2500. Powers of judges, clerks, and court reporters11
A. The judges of the municipal court Municipal and Traffic Court of New12
Orleans and their clerks and court reporters may administer oaths and the judges may13
compel witnesses to appear and testify.14
B. The court shall possess inherently all powers necessary for the exercise15
of its jurisdiction and the enforcement of its lawful orders including the authority to16
issue such writs and orders as may become necessary and the court has the power to17
punish for contempt, as provided in the Louisiana Criminal Code of Code of18
Criminal Procedure, Articles 20 through 25 as the same may from time to time be19
amended, which articles define contempt and prescribe the penalties therefor.20
* * *21
§2500.1. Additional costs; municipal court probation department Municipal and22
Traffic Court Probation Department; special fund23
A. Any defendant, other than an indigent, who pleads guilty or is convicted24
of an offense by the municipal court Municipal and Traffic Court of the city of New25
Orleans shall be assessed costs not to exceed the sum of fifteen dollars for each26
offense, such costs to be in addition to any fine, clerk's fees or costs or any other fee27
or costs provided by law or sentence imposed by the court. When any defendant,28 HLS 14RS-2420 REENGROSSED
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other than an indigent, fails to pay the added costs referred to hereinabove in this1
Subsection, he shall 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 in this Subsection shall not be set aside until the9
above costs have been paid, in addition to the other legal requirements of law having10
been met for the setting aside of the forfeiture. Costs assessed against sureties and11
surety companies pursuant to this Section shall be collected and administered in the12
same manner as 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 court Municipal and Traffic21
Court of New Orleans.22
D. There is hereby created a probation department in the municipal court23
Municipal and Traffic Court of the city of New Orleans which shall be funded from24
the Municipal and Traffic Court Probation Department Fund along with funds which25
may be realized from federal or state grants and any other sums which may be26
appropriated by the council of the city of New Orleans. The purpose of the said27
probation department is to provide staff to monitor the behavior of defendants and28
to develop a comprehensive probationary service program at the municipal court29 HLS 14RS-2420 REENGROSSED
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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 REENGROSSED
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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 ensure 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 REENGROSSED
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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
X of Rules of the Supreme Court of Louisiana, or as may be hereafter required under23
Rule 12 X.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 REENGROSSED
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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.18
Section 4. In the event there is a vacancy in any judgeship provided for in this Act,19
no special election shall be called to fill such vacancy until submission of the report from20
the New Orleans Municipal and Traffic Court Task Force.21
Section 5. The judge designated as the senior and administrative judge of the22
Municipal Court at the time this Act takes effect, January 1, 2017, shall become the senior23
and administrative judge of the Municipal and Traffic Court of New Orleans for as long as24
he holds office. Thereafter, the judge of the Municipal and Traffic Court of New Orleans25
having the most seniority shall become the senior and administrative judge during his tenure26
of office as provided for in R.S. 13:2492(F). In the event the senior judge declines the27
position of senior and administrative judge, the next senior judge of the Municipal and28
Traffic Court may assume the position.29 HLS 14RS-2420 REENGROSSED
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Section 6.(A) It is the intent of the legislature that the consolidation of these offices1
should be accomplished with the least possible disruption of services and the least possible2
expenditure of public funds; therefore, there is hereby created the New Orleans Municipal3
and Traffic Court Task Force, hereinafter referred to as the "task force".4
(B) The task force shall consist of fourteen members as follows:5
(1) The four judges of the New Orleans Traffic Court.6
(2) The four judges of the New Orleans Municipal Court.7
(3) The chairman of the House Committee on Judiciary.8
(4) The chairman of the Senate Committee on Judiciary B.9
(5) The speaker of the House of Representatives, or his designee.10
(6) The president of the Senate, or his designee.11
(7) The chair of the Criminal Justice Committee of the New Orleans City Council.12
(8) The mayor of the city of New Orleans or his designee.13
(C)(1) The purpose of the task force shall be to study and provide for a reduction in14
judges from eight judges to six judges and to establish the methods and procedures to15
effectuate the consolidation of the New Orleans Traffic Court and the New Orleans16
Municipal Court, and to specifically consider in its study, a reduction in judges, the17
operation of the courts, their governance, administration, information technology, legal18
authority, subject matter jurisdiction, process and operation, economies of scale and greater19
efficiencies, protection of rights and access to justice and procedural fairness.20
(2) The task force shall work in conjunction with the Judicial Council of the21
Supreme Court and the National Center for State Courts.22
(D) Members of the task force shall serve without compensation or per diem.23
(E) The task force shall submit a report of its findings and recommendations to the24
speaker of the House and the president of the Senate, no later than thirty days prior to the25
start of the 2015 Regular Session of the Louisiana Legislature.26
Section 7. The legislature hereby specifically states that this Act is in no way and27
to no extent intended to nor shall it be construed in any manner which will impair the28
contractual or other obligations of any office transferred by this Act.29 HLS 14RS-2420 REENGROSSED
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Section 8. This Act shall not be construed or applied in any way which will prevent1
full compliance with the requirements of any Act of Congress of the United States or any2
regulation made thereunder by which federal aid or other federal assistance has been or3
hereafter is made available.4
Section 9. This Section and Section 6 of this Act shall become effective upon5
signature by the governor or, if not signed by the governor, upon expiration of the time for6
bills to become law without signature by the governor, as provided by Article III, Section7
18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved8
by the legislature, this Act shall become effective on the day following such approval.9
Section 10. Sections 1 through 4, and 7 and 8 of this Act shall become effective on10
January 1, 2017.11
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 one clerk of court and judicial administrator for the consolidated
court.
Proposed law creates a consolidated judicial expense fund for the consolidated court.
Proposed law requires the city of New Orleans to provide suitable rooms furniture and the
operating expenses for 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 REENGROSSED
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Proposed law requires that the senior and administrative judge of the municipal court shall
serve as the senior and administrative judge of the consolidated court as long as he holds
office, and thereafter, the judge with most seniority on the consolidated court will become
the senior and administrative judge during his tenure unless he declines, in which case the
next senior judge will serve.
Proposed law prohibits a special election in the event there is a vacancy in any judgeship
until submission of the report by the task force.
Proposed law creates the New Orleans Municipal and Traffic Court Task Force and provides
for its members and responsibilities, and further requires the task force submit a report of
its findings and recommendations 30 days prior to the start of the 2015 R.S. of the
Legislature.
Sections 6 and 9 of this Act become effective upon signature of the governor or lapse of time
for gubernatorial action; all other sections become effective on Jan. 1, 2017.
(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)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Removed requirements which designated that the judge senior in point of service
would preside over Division "A" and all other judges would occupy other
divisions according to their respective periods of continuous service.
2. Removed provisions that abolished judgeships occupying Divisions "G" and "H"
upon expiration of their terms on Dec. 31, 2014.
3. Created the New Orleans Municipal and Traffic Court Task Force and provided
for its members and purpose and required the task force to submit a report of its
findings and recommendations 30 days prior to the start of the 2015 R.S. of the
Legislature.
4. Added provisions to prohibit a special election in the event there is a vacancy in
any judgeship until submission of the report by the task force.
5. Deleted provisions relative to the establishment of a separate account as the
consolidated expense fund.
6. Provided for the effective date for the creation of the task force upon signature
of the governor and provided that all other provisions relative to the
consolidation of the courts are to become effective Jan. 1, 2017.
House Floor Amendments to the engrossed bill.
1. Provided that the senior and administrative judge of the municipal court shall
serve as the senior and administrative judge of the consolidated court as long as
he holds office and thereafter the judge with most seniority on the consolidated
court will become the senior and administrative judge during his tenure unless
he declines in which case the next senior judge will serve. HLS 14RS-2420 REENGROSSED
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2. Changed the membership of the task force to add the chair of the Criminal
Justice Committee of the New Orleans City Council and the mayor of the city of
New Orleans or his designee.
3. Added a provision requiring the task force to provide for a reduction in judges
from eight judges to six judges.