Louisiana 2019 2019 Regular Session

Louisiana House Bill HB295 Engrossed / Bill

                    HLS 19RS-851	ENGROSSED
2019 Regular Session
HOUSE BILL NO. 295
BY REPRESENTATIVES HILL, DWIGHT, AND MOSS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/MAGISTRATES:  Provides for a magistrate judge in the 14
th
 JDC
1	AN ACT
2To enact R.S. 13:589, relative to the Fourteenth Judicial District Court; to provide for the
3 creation of a magistrate judge position; to provide relative to the election, term,
4 salary, and duties of the magistrate judge; to provide for qualifications; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 13:589 is hereby enacted to read as follows: 
8 ยง589.  Fourteenth Judicial District Court; magistrate judge
9	A.  The office of magistrate judge of the Fourteenth Judicial District Court
10 is hereby created and shall be an elected position.  The magistrate judge shall be
11 elected from election sections one and three combined.  The initial election shall
12 occur in the fall of 2020 and the elected term shall begin January 1, 2021.  The
13 magistrate judge shall serve a six-year term. The position is a full-time position, and
14 the magistrate judge is prohibited from practicing law.
15	B.  The magistrate judge of the Fourteenth Judicial District Court shall
16 possess the same qualifications required of the district court judges, as outlined in
17 Article V, Section 24 of the Constitution of Louisiana.
18	C.  The salary of the magistrate judge of the Fourteenth Judicial District
19 Court shall be seventy-five percent of the salary paid to judges of the Fourteenth
20 Judicial District Court per annum, and the salary and related benefits as provided by
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-851	ENGROSSED
HB NO. 295
1 law shall be payable in the same manner from the same sources as the salary and
2 benefits of a judge of the Fourteenth Judicial District Court.  The support services
3 and personnel including minute clerks and stenographers, as shall be necessary for
4 the offices of the magistrate judge, shall be paid from the same source as the same
5 positions in the Fourteenth Judicial District Court.
6	D.  The magistrate judge of the Fourteenth Judicial District Court created in
7 this Section shall hold court in the same building as is provided for the other judges
8 of the court. With the approval of the judges of the Fourteenth Judicial District
9 Court, the magistrate judge may hear and preside over all criminal matters, except
10 the adjudication of felony charges, including but not limited to preliminary motions;
11 conduct extradition hearings; accept pleas in misdemeanor cases; hear and render
12 judgments in other matters, including misdemeanor cases, preliminary to the trial on
13 the merits; conduct trials of misdemeanor cases; have authority to set bail; and sign
14 and issue search and arrest warrants upon probable cause being shown in accordance
15 with law.
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)]
HB 295 Engrossed 2019 Regular Session	Hill
Abstract:  Establishes the magistrate judge position in the Fourteenth Judicial District Court
and provides for the qualifications, duties, term, salary, and election of the magistrate
judge.
Proposed law provides for the creation of the magistrate judge of the 14th JDC, to be elected
from election sections one and three combined.  The salary of this position shall be equal to
75% of the salary paid to judges of the 14th JDC.  The magistrate judge will have
jurisdiction over criminal matters that do not involve certain felony matters.
Proposed law provides that the elected term of the magistrate judge begins on Jan. 1, 2021. 
The magistrate judge shall serve for a term of six years, the position shall be full-time, and
the magistrate judge is prohibited from practicing law.  
Proposed law requires the magistrate judge to possess the same qualifications of a district
court judge as outlined in Article V, Section 24 of the Constitution of Louisiana.
(Adds R.S. 13:589)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-851	ENGROSSED
HB NO. 295
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Make technical changes.
2. Outline the required qualifications for all magistrate judge candidates.  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.