HLS 16RS-1381 ENGROSSED
2016 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 133
BY REPRESENTATIVE JACKSON
COURTS/COURT COSTS: Requests that the Judicial Council study and make
recommendations to the legislature regarding the use and collection of court costs
and fees requiring Judicial Council review
1 A CONCURRENT RESOL UTION
2To urge and request the Judicial Council and its Standing Committee to Evaluate Requests
3 for Court Costs and Fees to study and make recommendations to the Louisiana
4 Legislature regarding the use of court costs and fees, to develop and recommend best
5 practices for the use and collection of court costs and fees, and to limit the number
6 of instruments creating new or increasing court costs of fees by the Louisiana
7 Legislature which are subject to Judicial Council review until sixty days after the
8 adjournment of the 2017 Regular Session of the Legislature.
9 WHEREAS, the Judicial Council of the Supreme Court (Judicial Council) was
10established in 1950, and through its standing and ad hoc committees, serves as the research
11arm for the supreme court; and
12 WHEREAS, the Judicial Council is chaired by the chief justice of the Louisiana
13Supreme Court, and its membership consists of representatives from the Louisiana State Law
14Institute, the legislature, the Louisiana District Attorneys Association, the Louisiana Clerks
15of Court Association, and the citizens of Louisiana; and
16 WHEREAS, the authority of the Judicial Council to review court costs and fees is
17provided for in R.S. 13:62, which was enacted during the 2003 Regular Legislative Session
18and amended by Act No. 245 of the 2011 Regular Legislative Session; and
19 WHEREAS, pursuant to R.S. 13:62, no law to provide for a new court cost or to
20increase an existing court cost or fee shall be enacted unless first submitted to the Judicial
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1Council for review and recommendation to the legislature as to whether the court cost or fee
2is reasonably related to the operation of the courts or court system; and
3 WHEREAS, the Judicial Council has determined that a court cost or fee is reasonably
4related to the operation of the court or court system when the revenue generated from the
5proposed cost or fee will support a court or court system, help defray the court-related
6operational costs of other agencies, or support an activity where there is a reasonable
7relationship between the fee or court cost imposed and the costs of the administration of
8justice; and
9 WHEREAS, the Louisiana Legislative Auditor issued a report on April 2, 2014,
10regarding the collection of court costs and fees, finding that Louisiana does not have an
11effective process for collecting court costs and fines in judicial districts; and
12 WHEREAS, the Louisiana Legislative Auditor recommended providing education
13and guidance to the judicial districts on the collection of court costs and fees and the
14disbursement of partially paid costs and fines; and
15 WHEREAS, the Louisiana Legislative Auditor provided the following initial
16suggestions to the Judicial Council's Standing Committee to Evaluate Requests for Court
17Costs and Fees (Court Cost Committee) to improve the court cost system:
18 (1) Gain a thorough understanding of the court cost assessment process.
19 (2) Develop best practices and a central oversight agency to assist courts in tracking
20assessed costs and fees and improving collections.
21 (3) Examine the entire court cost system to determine if the issue is the amount of
22the costs, the collections system, or both.
23 (4) Inform policymakers of system changes needed; and
24 WHEREAS, as part of its assessment of its role and value to the court cost process,
25the Court Cost Committee gathered information on court costs and fees currently collected
26by all Louisiana courts; and
27 WHEREAS, the Court Cost Committee met with groups who have an interest in the
28judicial system, including district attorneys, indigent defense attorneys, sheriffs, city court
29clerks, parish clerks of court, city court judges, parole and probation officers, the Louisiana
30Association of Business and Industry, and the Office of Debt Recovery; and
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1 WHEREAS, the Court Cost Committee requested information on civil and criminal
2court costs and fees currently charged in every state court; and
3 WHEREAS, the Court Cost Committee reviewed only costs and fees as defined in
4R.S. 13:62(A), assessed by the Supreme Court, courts of appeal, and district, family,
5juvenile, city, parish, municipal, and traffic courts falling under the authority of the Judicial
6Council; and
7 WHEREAS, the Court Cost Committee submitted its Interim Report to the Judicial
8Council on March 7, 2016; and
9 WHEREAS, the Interim Report detailed the actions taken by the Court Cost
10Committee regarding the study of court costs and fees from February 14, 2014, to December
1131, 2015; and
12 WHEREAS, the Court Cost Committee has recommended that the Louisiana
13Legislature limit the number of instruments introducing new court costs and fees until the
14Court Cost Committee completes its study of the court cost system and evaluates its initial
15changes to simplify and improve the court cost system as a whole.
16 THEREFORE, BE IT RESOLVED that the Judicial Council and its Court Cost
17Committee, in cooperation with the legislature, is hereby urged to continue its study of the
18use and collection of court costs and fees related to the operational needs of the judicial
19system, develop and recommend best practices for the use and collection of court costs and
20fees, and to make recommendations to the legislature regarding changes in the law which
21are necessary to implement best practices.
22 BE IT FURTHER RESOLVED that the Louisiana Legislature does respectfully
23request that the Court Cost Committee along with the National Center for State Courts
24implement the following recommendations to increase efficiency and ensure fairness in the
25current court cost system:
26 (1) Creation of a database listing all required and optional fines and fees that may
27be charged.
28 (2) Establishment of an effective system for tracking assessed and collected fines,
29fees, and costs, searchable by individual and date of payment.
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1 (3) Development of Louisiana-specific statewide best practices and supporting
2courts as they implement those best practices.
3 (4) Publication of statewide guidelines on collecting and distributing partial
4payments for court costs and fees.
5 (5) Determination of the point at which increased fees no longer generate increased
6income, in light of the person's ability to pay and other factors.
7 BE IT FURTHER RESOLVED that the Louisiana Legislature shall limit the
8adoption of any new or increased court cost or fee as defined by, and subject to the
9provisions of, R.S. 13:62 until sixty days after the adjournment of the 2017 Regular Session
10of the Legislature, except when presented with exceptional or emergency circumstances.
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)]
HCR133 Engrossed 2016 Regular Session Jackson
Requests that the Judicial Council study and make recommendations to the legislature
regarding the use and collection of court costs and fees and the operational needs of the
judicial system, to develop and recommend best practices for the use and collection of court
cost and fees, and to limit the adoption of any new or increased court cost or fee except when
presented with exceptional or emergency circumstances until 60 days after the adjournment
of the 2017 R.S.
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