The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 74 Original 2020 Regular Session Mizell
Present law provides for the office of commissioner for the 22nd JDC (parishes of St. Tammany and
Washington) and the office employs one commissioner.
Proposed law retains present law but provides for the employment of one additional commissioner,
bringing the total to two commissioners serving the 22nd JDC.
Present law grants to the commissioner jurisdiction over certain aspects of criminal cases.
Proposed law retains present law but further grants commissioners jurisdiction over certain aspects
of civil cases as well. Proposed law specifies that the jurisdiction over criminal and civil matters
shall include matters of domestic violence.
Present law specifies that the commissioner shall have certain powers related to criminal cases as
follows:
(1)To administer oaths and affirmations.
(2)To take acknowledgments, affidavits, and depositions.
(3)To act on felony charges through arraignment; however, the commissioner shall not accept
guilty pleas or sign orders disposing of felony charges.
(4)To fix bail.
(5)To review probable cause affidavits within 48 hours of warrantless arrests.
(6)To conduct 72-hour hearings.
(7)To sign waivers of extradition only upon the written consent of the defendant and the
expressed waiver of the defendant's right to have his extradition heard by a district court.
(8)To supervise defendants sentenced under the provisions of the drug court in accordance with
the policies set down by the judges of the Twenty-Second Judicial District Court.
(9)To supervise all conditions of bail bonds.
(10)To supervise special conditions of protective orders, domestic violence, and any other
probation conditions. Proposed law retains present law as it relates to pretrial matters once criminal charges have been
filed against the defendant in a felony case.
Proposed law retains present law but adds misdemeanors to the felony cases for which the
commissioners may act on pretrial criminal matters.
Present law provides that the commissioner may hear preliminary motions prior to filing of criminal
felony charges and make recommendations to the district judges.
Proposed law repeals present law. Proposed law provides that the commissioners may only perform
duties related to a criminal case after the defendant has been charged with a felony or misdemeanor.
Present law provides that the commissioner is not authorized to accept guilty pleas or sign orders
disposing of felony cases.
Proposed law retains present law but adds misdemeanors to the criminal cases for which the
commissioners may not accept guilty pleas or sign orders disposing of the criminal cases.
Present law provides that when a misdemeanor case has the written consent of the defendant and the
expressed waiver of the defendant's right to have his case heard by a district court judge and the case
is referred to the commissioner by rule of court or assigned to him by a judge, the commissioner shall
receive all evidence and prepare a written report of his findings. Present law further requires the
commissioner to file his proposed findings and recommendations with the court and a copy to be
mailed to all parties or their counsel of record; grants any party 10 days to traverse the findings or
recommendations in writing; authorizes the judge to set the matter for hearing on exceptions made
on the record to the findings and recommendations of the commissioner; and grants to the judge the
authority to accept, reject, or modify in whole or in part the findings or recommendations of the
commissioner and to receive further evidence or to recommit the matter to the commissioner with
further instructions.
Proposed law repeals present law as it relates to the ability of the commissioner to preside over
misdemeanor criminal trials. Proposed law requires the district court judges to preside over all
criminal trials, both misdemeanor and felony.
Proposed law, as it relates to civil cases, provides that commissioners have the following duties:
(1)Administer oaths and affirmations.
(2)Take acknowledgments, affidavits, and depositions.
(3)Review and act on petitions for protective orders and matters of domestic violence, including
the issuance of temporary orders of protection and temporary restraining orders, until such
time as hearings may be conducted on the matters.
(4)Conduct hearings regarding protective orders and make recommendations to the appropriate district judge for the issuance of a preliminary or permanent injunction.
(5)Review emergency cases related to orders of temporary child custody and grant ex parte
orders of child custody in certain circumstances until a district court judge can conduct an
evidentiary hearing on the matter (i.e., a rule to show cause).
Present law provides that Louisiana courts who have jurisdiction over the establishment of paternity
or the establishment and enforcement of support and other domestic and family matters may appoint
one or more hearing officers to hear paternity, support, and other domestic and family related
matters.
Proposed law retains present law and provides that the two commissioners serving the 22nd JDC
shall also have the same powers and duties which are currently granted to hearing officers under
present law.
Proposed law provides that if a litigant disagrees with a judgment or ruling of a commissioner, the
litigant may object and request a hearing before an elected district judge.
Proposed law provides that, if a litigant makes a timely objection to a commisioners's ruling, the case
will be heard by the district judge to whom the matter was originally allotted. The district judge may
do either of the following:
(1)The judge may decide the objection based on the record of the proceedings before the
commissioner, may receive further evidence and rule based on that evidence, or may
recommit the matter to the commissioner with instructions.
(2)If no objection is made within the time and manner established by court rules, the order shall
become a final judgment of the court and shall be signed by the district judge assigned to the
case. The final judgment may be appealed to the court of appeals.
Present law requires the qualifications for the office of commissioner to be the same as the
qualifications for the office of a district court judge.
Proposed law retains present law but provides that there shall be no requirement of prior residency
within the district boundaries of the 22nd JDC as a prerequisite to the office of commissioner.
Present law provides that the salary of the commissioner shall be set by a majority of the elected
judges of the district but shall not exceed $72,500 per year. Present law further authorizes the
commissioner and any of his employees to be members of the Parochial Employees' Retirement
System.
Proposed law changes present law to provide that the salary of the commissioner shall not exceed
85% of the salary of a district judge per year and removes authorization of the commissioner to be
a member of the Parochial Employees' Retirement System. Proposed law makes technical changes consistent with present law.
Effective August 1, 2020.
(Amends R.S. 13:721 and 722)