Louisiana 2014 2014 Regular Session

Louisiana House Bill HB527 Introduced / Bill

                    HLS 14RS-253	ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 527
BY REPRESENTATIVE PEARSON
COURTS:  Relative to Family Court in the 22
nd
 Judicial District Court
AN ACT1
To amend and reenact R.S. 13:621.22 and to repeal Section 2 of Act 344 of the 20082
Regular Session, relative to the Twenty-Second Judicial District Court; to provide3
for two additional judgeships and their respective subject matter jurisdictions; to4
provide for the compensation relative to the additional judgeships; to provide for the5
election and term of the offices and their successors; to provide for an effective date;6
to repeal uncodified law; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 13:621.22  is hereby amended and reenacted to read as follows: 9
ยง621.22.  Twenty-Second Judicial District10
A. The Twenty-Second Judicial District Court shall have twelve judges,11
including the two additional judgeships created in Subsection B of this Section.12
B. There is hereby created two additional district judgeships for the Twenty-13
Second Judicial District for the parishes of St. Tammany and Washington.14
(1) The first additional judge provided for in this Subsection and his15
successors shall preside over Division K, which is hereby created for purposes of16
nomination, election, and subject matter only. The subject matter jurisdiction of17
Division K is limited, under the provisions of Article V, Section 15(A) of the18
Constitution of Louisiana, to family and juvenile matters as provided by law.19 HLS 14RS-253	ORIGINAL
HB NO. 527
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(2) The second additional judge provided for in this Subsection and his1
successors shall preside over Division L, which is hereby created for purposes of2
nomination, election, and subject matter only. The subject matter jurisdiction of3
Division L is limited, under the provisions of Article V, Section 15(A) of the4
Constitution of Louisiana, to family and juvenile matters as provided by law.5
(3)  For purposes of this Subsection, "family and juvenile matters" shall6
include all actions arising under Titles IV, V, and VII of Book I and Title VI of Book7
III of the Louisiana Civil Code and related provisions of the Louisiana Civil Code8
Ancillaries, all actions arising under the Louisiana Children's Code, adoptions arising9
under the Louisiana Civil Code, actions involving protection from family violence10
pursuant to R.S. 46:2131 et seq., and actions for enforcement, collection of support,11
and paternity pursuant to R.S. 46:236.1.1 et seq., as well as all actions involving or12
incidental to the following:13
(a)  Marriage.14
(b)  Nullity of Marriage.15
(c)  Judicial Separation.16
(d)  Spousal Support.17
(e) Protection from abuse, including those matters authorized by the18
following statutes or as authorized by the corresponding successor law or statute:19
Louisiana Children's Code, R.S. 9:371, et. seq., R.S. 9:575 et. seq., R.S. 46:2121 et20
seq., and R.S. 46:2131 et. seq.21
(f)  Divorce.22
(g)  Claim for contributions to education and training.23
(h) Matrimonial regimes, partition of community property, partition of co-24
owned property acquired by the spouses during a separate property regime, use of25
separate property and Title VI of Book III of the Louisiana Civil Code, regarding26
ownership indivision.27
(i)  Paternity.28
(j)  Filiation.29 HLS 14RS-253	ORIGINAL
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(k)  Adoption.1
(l) Title VIII of Book I of the Louisiana Civil Code, regarding emancipation.2
(m)  Child custody and visitation.3
(n)  Child Support.4
(4) For purposes of this Subsection "juvenile matters" shall include but not5
be limited to all actions arising under or incidental to the Louisiana Children's Code.6
(5) For purposes of this Subsection, the subject matter jurisdiction shall also7
include all actions incidental to all matters listed in Paragraphs (3) and (4) of this8
Subsection, including but not limited to contempt, civil warrants, writs of habeas9
corpus, curatorship, change of name, prenuptial or separate property agreements,10
interspousal donations, lesions, and challenge to consent judgment.11
C. The judges and their successors created by this Section shall be elected12
as provided by Article V, Section 22 of the Constitution of Louisiana, and each shall13
serve a term which shall begin on January 1, 2009, which shall expire at the same14
time as is provided by law for the other judges of the court.  Thereafter, each15
successor to the judges provided for in this Section shall be elected at the same time16
and in the same manner, and shall serve the same terms as now or may be provided17
hereafter for other judges of the court.18
D. The judges and their successors created by this Section shall have19
jurisdiction throughout the district and receive the same compensation and expense20
allowances, payable from the same sources and in the same manner, as are provided21
for other judges of the Twenty-Second Judicial District.22
E. The jurisdiction or term of office of any other judge of the district shall23
not be affected or reduced by the creation of the judgeships.24
Section 2. Section 2 of Act No. 344 of the 2008 Regular Session of the Legislature25
is hereby repealed in its entirety.26
Section 3. The provisions of this Act shall be given prospective and retroactive27
application and include all actions taken by Divisions K and L of the Twenty-Second28
Judicial District Court.29 HLS 14RS-253	ORIGINAL
HB NO. 527
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Section 4. If any provision of this Act or the application thereof is held invalid, such1
invalidity shall not affect other provisions or applications of this Act which can be given2
effect without the invalid provisions or applications, and to this end the provisions of this3
Act are hereby declared severable.4
Section 5. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
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)]
Pearson	HB No. 527
Abstract: Provides for two judgeships and their respective jurisdictions for the 22nd
Judicial District.
Present law provides for twelve judges for the 22nd JDC for the parishes of St. Tammany
and Washington.
Proposed law retains present law.
Present law (uncodified law) creates two additional district judgeships for the 22nd JDC and
provides for their respective divisions and specific subject matter jurisdiction.
Proposed law codifies present law and creates two additional district judgeships for the 22nd
JDC for the parishes of St. Tammany and Washington.
Proposed law provides for the two judgeships to preside over Divisions K and L respectively
with subject matter jurisdiction limited to family and juvenile matters.
Proposed law provides the term "family and juvenile matters" to include all actions arising
under Titles IV, V, and VII of Book I, and Title VI of Book III of the La. Civ. Code, and
ancillaries, the Louisiana Children's Code, adoptions under the La. Civ. Code, actions
involving protection from family violence pursuant to current law (R.S. 46:2131 et. seq.) and
actions for enforcement, collection of support, and paternity pursuant to 	present law (R.S.
46:236.5) and actions involving and incidental to certain matters.
Proposed law authorizes subject matter jurisdiction of Division K and L to include contempt,
civil warrants, writs of habeas corpus, curatorship, change of name, prenuptial or separate
property agreements, interspousal donations, lesions, and challenge to consent judgment.
Proposed law provides that the judges and their successors will be elected in the same
manner and serve the same terms of office, and receive the same compensation and expenses
as the other judges of the 22nd JDC. HLS 14RS-253	ORIGINAL
HB NO. 527
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are additions.
Proposed law prohibits the jurisdiction or term of office of any other judge from being
affected or reduced by the creation of the judgeships.
Proposed law requires prospective and retroactive application and includes all actions taken
by Divisions K and L of the 22nd JDC.
Proposed law provides for a severability clause.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:621.22; Repeals Section 2 of Act No. 344 of the 2008 R.S.)