SLS 18RS-143 ORIGINAL
2018 Regular Session
SENATE BILL NO. 240
BY SENATOR MORRELL
COURTS. Provides relative to the Civil District Court for the parish of Orleans and
domestic relations divisions. (8/1/18)
1 AN ACT
2 To amend and reenact R.S. 13:1138, relative to the Civil District Court for the parish of
3 Orleans; to provide relative to judgeships; to provide relative to domestic relations
4 divisions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 13:1138 is hereby amended and reenacted to read as follows:
7 ยง1138. Domestic Relations Division Section
8 A. The judges of the Civil District Court for the parish of Orleans who are in
9 office on July 1, 1979 shall create the Domestic Relations Section of that court, by
10 rule of court adopted on or before December 1, 1979, by the judges sitting en banc.
11 The rule shall designate not less than two incumbent judges who shall be assigned
12 to the Domestic Relations Section in accordance with the rules of the Civil District
13 Court for the parish of Orleans. The Domestic Relations Section shall be assigned
14 all cases involving domestic relations problems as defined in this Section. The Civil
15 District Court for the parish of Orleans shall have a Domestic Relations Section
16 composed of three divisions. The divisions shall be Division J, Division K, and
17 a third division consisting of the first judgeship becoming vacant by death,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 240
SLS 18RS-143 ORIGINAL
1 resignation, retirement, or removal on or after August 1, 2018.
2 B.(1) The first two judgeships becoming vacant by death, resignation,
3 retirement, or removal on or after August 15, 2011, shall be abolished and two new
4 judgeships shall be created and limited, pursuant to the provisions of Article V,
5 Section 15(A) of the Constitution of Louisiana, to family matters as provided by law,
6 including the domestic relations matters provided for in Subsection C of this Section.
7 In addition to such family and domestic relations matters, the judges provided for in
8 this Subsection may serve as a duty judge and shall have the same authority as other
9 judges of the court serving in the same capacity as a duty judge.
10 (2) The provisions of this Section shall not apply to Divisions B and E unless
11 there is a vacancy in one or both of those divisions on or after February 1, 2012.
12 (3) Upon creation of the judgeships provided in Paragraph (1) of this
13 Subsection, those judgeships shall be designated as Domestic Sections 1 and 2.
14 The Domestic Relations Section shall be assigned all cases involving
15 domestic relations and family matters as provided by law in accordance with
16 the provisions of Article V, Section 15(A) of the Constitution of Louisiana. A
17 judge serving in the Domestic Relations Section may additionally serve as a duty
18 judge for the Civil District Court and in such capacity shall have the same
19 authority as other judges of the court serving as duty judge.
20 C.(1) Domestic relations matters shall include but not be limited to the
21 following:
22 (a) Actions for divorce, annulment of marriage, establishment or disavowal
23 of paternity of children, alimony, support of children, custody by habeas corpus or
24 otherwise, visitation rights, and all matters incidental to any of the foregoing
25 proceedings.
26 (b) The issuance, modification, or dissolution of conservatory writs for the
27 protection of community property.
28 (c) The issuance of writs of fieri facias and garnishment under judgments for
29 alimony, child support, and attorney fees, partition proceedings following divorce
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 240
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1 judgments, and suits for separation of property.
2 (2) For the purposes of this Subsection, family or domestic relations matters
3 shall not include tutorship proceedings.
4 D. The provisions of this Section shall apply to the Civil District Court for
5 the parish of Orleans and shall supersede to the extent of conflict with any other
6 provision of law.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 240 Original 2018 Regular Session Morrell
Present law relative to Civil District Court of Orleans Parish abolishes the first two
judgeships that became vacant after 2011 and creates two new judgeships with limited
jurisdiction for family domestic relations matters.
Present law provides relative to specific matters that are under the jurisdiction of the
Domestic Relations Division.
Proposed law provides for Domestic Relations Section composed of three judgeships with
limited jurisdiction for family and domestic relations matters. Further provides that the three
judgeships shall be Division J, Division K, and that division with the first judgeship
becoming vacant by death, resignation, retirement, or removal on or after August 1, 2018.
Proposed law authorizes the judges of the new judgeships to serve as duty judges and have
the same authority as other judges of the court acting as a duty judge.
Effective August 1, 2018.
(Amends R.S. 13:1138)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.