Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB445 Engrossed / Bill

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Regular Session, 2014
SENATE BILL NO. 445
BY SENATOR CROWE 
JUDGES. Provides for the elimination of two judges from the Orleans Parish Juvenile
Court. (See Act)
AN ACT1
To amend and reenact R.S. 13:1568.3, 1595, and 1595.1, relative to Orleans Parish Juvenile2
Court judges; to designate special divisions of the Orleans Parish Juvenile Court; to3
abolish specific judgeships upon the expiration of terms or vacancy in the Orleans4
Parish Juvenile Court; to provide relative to funding; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R.S. 13:1595 is hereby amended and reenacted to read as follows: 8
§1595.  Judges; criers and stenographers 9
A. In addition to Sections "A," "B" and "C" of the Juvenile Court for the10
Parish of Orleans, there is hereby created a new section of said the court to be11
designated as Section "D." The additional judge herein created shall be known as the12
judge of Section "D" of the Juvenile Court for the Parish of Orleans. Each judge shall13
have the right to appoint a crier and stenographer for his own section of said the14
court, who shall perform the same duties and receive the same compensation,15
payable in the same manner and from the same sources as similar officials in other16
sections of the said the court. The judge of Section "D" of the juvenile court shall be17 SB NO. 445
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elected by the voters of Orleans Parish concurrently with the next election for mayor1
of the city of New Orleans.2
B. The judgeship created for Section "D" of the Juvenile Court for the3
parish of Orleans shall be abolished effective December 31, 2014, at midnight.4
C. The first judgeship becoming vacant by death, resignation,5
retirement, or removal during the term of office on or after December 31, 2014,6
at midnight shall be abolished the following day.7
D. Upon the abolishment of a judgeship as provided for in Subsections8
B and C of this Section, the funding from the city of New Orleans for such9
judgeship shall be allocated for juvenile services within the city of New Orleans.10
Section 2. R.S. 13:1568.3 and 1595.1 are hereby amended and reenacted to read as11
follows:12
§1568.3.  Special divisions of court13
A. In accordance with the jurisdiction provided for in the Children's Code,14
in a juvenile court located in Orleans Parish, there shall be special divisions of court15
with exclusive jurisdiction over child in need of care proceedings, as specifically16
provided for in Titles VI, X, XI, and XII of the Louisiana Children's Code and17
generally provided for in other titles or articles of the code, which shall consist of18
Section "A" and Section "D", Section "B", Section "C", Section "E", and Section19
"F" of the court.20
B. In accordance with the jurisdiction provided for in the Children's Code,21
the juvenile court located in Orleans Parish, there shall be special divisions of court22
with exclusive jurisdiction over delinquency proceedings, as specifically provided23
for in Title VIII of the Louisiana Children's Code and generally provided for in other24
titles or articles of the code, which shall consist of Section "A", Section"B", Section25
"C", Section "E", and Section "F".26
*          *          *27
§1595.1.  Additional judges for the Orleans Parish Juvenile Court; creation;28
personnel29 SB NO. 445
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In addition to the presently existing Sections "A", "B", "C", "D", and "E" of1
the present Orleans Parish Juvenile Court, there is hereby created one new section2
of the court for purposes of nomination and election only, to be designated as Section3
"F". There is hereby established one additional judgeship, the judge of which shall4
preside over Section "F". Such judge shall have the right to appoint a crier and5
stenographer for his own section of the court, who shall perform the same duties and6
receive the same compensation, payable in the same manner, and from the same7
sources as similar officials in other sections of the court. 8
Section 3. Section 2 of this Act shall become effective on December 31, 2014, at9
midnight.10
Section 4(A). All cases allotted to Section "D" on December 31, 2014, at midnight11
shall be reallotted equally by the clerk of court among Sections "A", "B", "C", "E", and "F"12
on January 1, 2015.13
Section 4(B).  Upon abolishment of the judgeship that becomes vacant by death,14
resignation, retirement, or removal pursuant to R.S. 13:1595(C) as enacted by this Act, all15
cases of the abolished section of court shall be reallotted equally by the clerk of court among16
the remaining sections of the court.17
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Julie J. Baxter.
DIGEST
Crowe (SB 445)
Present law provides for the creation of a new section of court and judgeship to be
designated as Section "D" of the Orleans Parish Juvenile Court and authorizes the judge to
appoint a crier and stenographer for the section.
Proposed law abolishes Section "D" of the Orleans Parish Juvenile Court effective Dec. 31,
2014, at midnight.
Proposed law requires the first judgeship that becomes vacant by death, resignation,
retirement, or removal during the term of office on or after Dec. 31, 2014, at midnight to be
abolished the following day.
Proposed law requires the allocation of any funding from the city of New Orleans for
judgeships to be allocated for juvenile services within the city of New Orleans upon the
abolishment of those judgeships provided for in proposed law.
Present law provides for the designation of Sections "A" and "D" of the Orleans Parish SB NO. 445
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Juvenile Court as the special divisions of court with exclusive jurisdiction over child in need
of care proceedings.
Proposed law retains present law except that it removes Section "D" as special divisions of
court with exclusive jurisdiction over child in need of care proceedings, effective Dec. 31,
2015, at midnight and further provides for all cases allotted to Section "D" to be reallotted
equally by the clerk of court to the remaining sections of court.
Present law provides for the designation of Sections "B", "C", "E", and "F" as the special
divisions of court with exclusive jurisdiction over delinquency proceedings.
Proposed law retains present law until such time as one of the sections of court becomes
vacant due to death, resignation, retirement, or removal on or after Dec. 31, 2014, at which
time, all cases of the abolished section will be reallotted equally by the clerk of court among
the remaining sections of the court.
Present law provides for the creation of a new section of the court, in addition to the existing
sections and one new judgeship who shall preside over the new section to be designated as
Section "F". Further authorizes the judge to appoint a crier and stenographer for his section
of court to perform the same duties and receive the same compensation as similar officials
in other sections of court.
Proposed law retains present law except that it removes Section "D" as an existing section
of the court.
Effective Dec. 31, 2014, at midnight as to the reduction of court division.
Effective August 1, 2014 as to the remainder of the Act.
(Amends R.S. 13:1568.3, 1595, and 1595.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
engrossed bill
1. Changes the date by which the judgeship created for Section "D" of the
Juvenile Court for the parish of Orleans shall be abolished from December
31, 2015, at midnight to December 31, 2014, at midnight.
2. Changes from December 31, 2015, to December 31, 2014, the date on which,
as of midnight, the first judgeship becoming vacant by death, resignation or
retirement, or removal shall be abolished the following day.
3. Changes the effective date of Section 2 of the Act from December 31, 2015,
to December 31, 2014.
4. Changes from December 31, 2015, to December 31, 2014, the date at which,
at midnight, all cases allotted to Section "D" of the Juvenile Court for the
parish of Orleans shall be reallotted equally by the clerk of court among
Sections "A", "B", "C", "E", and "F" on January 1, 2015.