SLS 15RS-3685 ORIGINAL
2015 Regular Session
SENATE RESOLUTION NO. 199
BY SENATOR MARTINY
LEGIS POWERS/FUNCTIONS. Requests Louisiana State Law Institute to study whether
the granting of attorney fees should be allowed in civil contempt of court proceedings.
1 A RESOLUTION
2 To urge and request the Louisiana State Law Institute to study whether the granting of
3 attorney fees should be allowed in civil contempt of court proceedings.
4 WHEREAS, the power to punish for civil contempt of court is set forth generally in
5 the Code of Civil Procedure, including Articles 221, et seq., and also in R.S. 13:4611,
6 providing specific penalties and procedures; and
7 WHEREAS, the courts of Louisiana have stated in numerous cases that contempt of
8 court is an affront to the dignity of the court, and that contempt proceedings are "designed
9 for vindication of the dignity of the court rather than for the benefit of a litigant"; and
10 WHEREAS, cases have additionally pointed out that the Constitution of Louisiana
11 permits the statutory limitation of a court's contempt power, and that the power to punish for
12 contempt generally is limited to Article V courts, with a justice of the peace having only
13 limited powers to punish for contempt; and
14 WHEREAS, cases have further pointed out that no statutory provision exists in the
15 Code of Civil Procedure articles concerning contempt generally or in R.S. 13:4611 for the
16 allowance of attorney fees in a contempt action, thus no attorney fees may be awarded in
17 contempt actions pursuant to those provisions; and
18
Page 1 of 2 SR NO. 199
SLS 15RS-3685 ORIGINAL
1 WHEREAS, the Louisiana State Law Institute should study whether the granting of
2 attorney fees should be allowed in civil contempt of court proceedings and, if so, under what
3 circumstances, and submit a report of its findings to the Legislature no later than February
4 1, 2016.
5 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
6 does hereby urge and request the Louisiana State Law Institute to study whether the granting
7 of attorney fees should be allowed in civil contempt of court proceedings and, if so, under
8 what circumstances, and to submit a report of its findings to the Legislature no later than
9 February 1, 2016.
10 BE IT FURTHER RESOLVED that any recommendations in the report for revisions
11 to current law shall be in the form of proposed legislation containing appropriate substantive
12 text to enact such recommendations in a statutorily consistent and coordinated manner.
13 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
14 director of the Louisiana State Law Institute.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
SR 199 Original 2015 Regular Session Martiny
Requests the Louisiana State Law Institute to study whether the granting of attorney fees
should be allowed in civil contempt of court proceedings and, if so, under what
circumstances.
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