Louisiana 2020 2020 Regular Session

Louisiana House Bill HB558 Comm Sub / Analysis

                    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 558 Original	2020 Regular Session	Duplessis
Abstract:  Changes the number of judgeships of the Municipal and Traffic Court of New Orleans,
provides for other changes related to the decrease in judgeships, and changes the method of
determining the salary of the administrative judge and the salary of the clerk of court.
Present law provides that the Municipal and Traffic Court of New Orleans consists of eight judges.
Present law provides that each judge is an attorney-at-law, is not less than 30 years of age, has been
elected by the qualified electors of the parish of Orleans, has practiced law in the state for at least
eight years preceding the election, and has been domiciled in the parish of Orleans for at least two
years preceding the election.
Present law provides that each judge shall preside over a separate and distinct division of the court.
Present law provides that the divisions of the court shall be designated alphabetically as Division
"A", Division "B", Division "C", Division "D", Division "E", Division "F", Division "G", and
Division "H".
Proposed law retains present law but decreases the number of judges from eight to seven and
abolishes Division "H" effective Dec. 31, 2020, at midnight.
Proposed law provides that when a vacancy occurs in Divisions "A" through "G", it shall be filled
by election to that division as provided in present law.
Present law provides that the judges presiding over Divisions "A" through "D" shall not engage in
the practice of law nor share in the profits, directly or indirectly, of any law firm or legal corporation. 
Proposed law retains present law but changes the applicable Divisions from "A" through "D" to
Divisions "A" through "E".
Proposed law retains the present law provision that the judges shall receive a salary equal to a district
judge but not more salary paid, from all sources, to the district court judges in and for the parish of
Orleans, of which the amount payable by the state to city judges of the state shall be paid by the state
and the remainder shall be payable by the city of New Orleans.  The salary shall be payable monthly
by the warrant of the judge.
Present law provides that beginning at midnight on Dec. 31, 2022, the judge presiding over Division "E" shall not engage in the practice of law nor share in the profits, directly or indirectly, of any law
firm or legal corporation.
Proposed law deletes present law.
Present law provides that beginning at midnight on Dec. 31, 2024, the judge presiding over Division
"G" shall not engage in the practice of law nor share in the profits, directly or indirectly, of any law
firm or legal corporation.
Proposed law retains present law but changes the effective date from beginning at midnight on Dec.
31, 2024, to beginning at midnight on Dec. 31, 2030.
Present law provides that each of the judges shall receive a salary of not less than $18,000 per
annum, payable monthly by the city of New Orleans by the warrant of the judge.
Proposed law removes the present law stipulated salary minimum of $18,000.
Present law provides that the judge having the most seniority shall become the administrative judge
and that the governing authority of Orleans Parish shall determine the salary paid to the
administrative judge, of which the amount payable by the state to city judges of the state shall be
paid by the state and the remainder shall be payable by the city of New Orleans.
Proposed law retains present law but makes a change with respect to determining the salary of the
administrative judge, providing that the administrative judge is to receive a salary equal to a district
judge.  Removes the authority of the governing authority of Orleans Parish to determine the salary.
Present law provides that the salary of the clerk of the municipal and traffic court shall be determined
and set by the judges of the court en banc and shall be paid from the consolidated judicial expense
fund of the court.
Proposed law changes present law in that the salary of the clerk is no longer determined and set by
the judges of the court en banc and that the salary of the clerk shall be paid by the city of New
Orleans on the warrant of the administrative judge.  Proposed law further provides that if the city
fails to pay, then the salary and benefits may be paid from the consolidated judicial expense fund of
the court.
Present law provides that the clerk shall continue to be paid under the current method used by the
city of New Orleans until otherwise notified by the judges of the municipal and traffic court.
Proposed law deletes present law.
Effective upon signature of governor or lapse of time for gubernatorial action. 
(Amends R.S. 13:2492(A), (C), (D), and (E) and 2594(B); Repeals R.S. 13:2594(D))