ENROLLED
2016 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 133
BY REPRESENTATIVE JACKSON
A CONCURRENT RESOL UTION
To urge and request the Judicial Council and its Standing Committee to Evaluate Requests
for Court Costs and Fees to study and make recommendations to the Louisiana
Legislature regarding the use of court costs and fees, to develop and recommend best
practices for the use and collection of court costs and fees, and to limit the number
of instruments creating new or increasing court costs of fees by the Louisiana
Legislature which are subject to Judicial Council review until sixty days after the
adjournment of the 2017 Regular Session of the Legislature.
WHEREAS, the Judicial Council of the Supreme Court (Judicial Council) was
established in 1950, and through its standing and ad hoc committees, serves as the research
arm for the supreme court; and
WHEREAS, the Judicial Council is chaired by the chief justice of the Louisiana
Supreme Court, and its membership consists of representatives from the Louisiana State Law
Institute, the legislature, the Louisiana District Attorneys Association, the Louisiana Clerks
of Court Association, and the citizens of Louisiana; and
WHEREAS, the authority of the Judicial Council to review court costs and fees is
provided for in R.S. 13:62, which was enacted during the 2003 Regular Legislative Session
and amended by Act No. 245 of the 2011 Regular Legislative Session; and
WHEREAS, pursuant to R.S. 13:62, no law to provide for a new court cost or to
increase an existing court cost or fee shall be enacted unless first submitted to the Judicial
Council for review and recommendation to the legislature as to whether the court cost or fee
is reasonably related to the operation of the courts or court system; and
WHEREAS, the Judicial Council has determined that a court cost or fee is reasonably
related to the operation of the court or court system when the revenue generated from the
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proposed cost or fee will support a court or court system, help defray the court-related
operational costs of other agencies, or support an activity where there is a reasonable
relationship between the fee or court cost imposed and the costs of the administration of
justice; and
WHEREAS, the Louisiana Legislative Auditor issued a report on April 2, 2014,
regarding the collection of court costs and fees, finding that Louisiana does not have an
effective process for collecting court costs and fines in judicial districts; and
WHEREAS, the Louisiana Legislative Auditor recommended providing education
and guidance to the judicial districts on the collection of court costs and fees and the
disbursement of partially paid costs and fines; and
WHEREAS, the Louisiana Legislative Auditor provided the following initial
suggestions to the Judicial Council's Standing Committee to Evaluate Requests for Court
Costs and Fees (Court Cost Committee) to improve the court cost system:
(1) Gain a thorough understanding of the court cost assessment process.
(2) Develop best practices and a central oversight agency to assist courts in tracking
assessed costs and fees and improving collections.
(3) Examine the entire court cost system to determine if the issue is the amount of
the costs, the collections system, or both.
(4) Inform policymakers of system changes needed; and
WHEREAS, as part of its assessment of its role and value to the court cost process,
the Court Cost Committee gathered information on court costs and fees currently collected
by all Louisiana courts; and
WHEREAS, the Court Cost Committee met with groups who have an interest in the
judicial system, including district attorneys, indigent defense attorneys, sheriffs, city court
clerks, parish clerks of court, city court judges, parole and probation officers, the Louisiana
Association of Business and Industry, and the Office of Debt Recovery; and
WHEREAS, the Court Cost Committee requested information on civil and criminal
court costs and fees currently charged in every state court; and
WHEREAS, the Court Cost Committee reviewed only costs and fees as defined in
R.S. 13:62(A), assessed by the Supreme Court, courts of appeal, and district, family,
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juvenile, city, parish, municipal, and traffic courts falling under the authority of the Judicial
Council; and
WHEREAS, the Court Cost Committee submitted its Interim Report to the Judicial
Council on March 7, 2016; and
WHEREAS, the Interim Report detailed the actions taken by the Court Cost
Committee regarding the study of court costs and fees from February 14, 2014, to December
31, 2015; and
WHEREAS, the Court Cost Committee has recommended that the Louisiana
Legislature limit the number of instruments introducing new court costs and fees until the
Court Cost Committee completes its study of the court cost system and evaluates its initial
changes to simplify and improve the court cost system as a whole.
THEREFORE, BE IT RESOLVED that the Judicial Council and its Court Cost
Committee, in cooperation with the legislature, is hereby urged to continue its study of the
use and collection of court costs and fees related to the operational needs of the judicial
system, develop and recommend best practices for the use and collection of court costs and
fees, and to make recommendations to the legislature regarding changes in the law which
are necessary to implement best practices.
BE IT FURTHER RESOLVED that the Louisiana Legislature does respectfully
request that the Court Cost Committee along with the National Center for State Courts
implement the following recommendations to increase efficiency and ensure fairness in the
current court cost system:
(1) Creation of a database listing all required and optional fines and fees that may
be charged.
(2) Establishment of an effective system for tracking assessed and collected fines,
fees, and costs, searchable by individual and date of payment.
(3) Development of Louisiana-specific statewide best practices and supporting
courts as they implement those best practices.
(4) Publication of statewide guidelines on collecting and distributing partial
payments for court costs and fees.
(5) Determination of the point at which increased fees no longer generate increased
income, in light of the person's ability to pay and other factors.
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BE IT FURTHER RESOLVED that the Louisiana Legislature shall limit the
adoption of any new or increased court cost or fee as defined by, and subject to the
provisions of, R.S. 13:62 until sixty days after the adjournment of the 2017 Regular Session
of the Legislature, except when presented with exceptional or emergency circumstances.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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