The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Yoursheka George.
DIGEST
SB 99 Original 2020 Regular Session McMath
Present law creates the office of the commissioner for the 22nd JDC and provides that the
commissioner shall be selected and may be removed by a majority of the judges of the court.
Proposed law retains present law but adds an additional commissioner for the 22nd JDC.
Present law provides that there is no set term for the office of the commissioner. Present law
provides that the qualifications for the office of the commissioner for the Twenty-Second Judicial
District Court shall be the same as the qualifications for the office for district court judge.
Proposed law retains present law and adds that there be no requirement of prior residency within the
state or district as a prerequisite to office.
Present law provides that the commissioner shall have jurisdiction over criminal matters.
Proposed law provides that the commissioners shall have jurisdiction over criminal and civil matters
including domestic violence matters.
Present law grants the commissioner the authority to administer oaths and affirmations, take
acknowledgments, affidavits, and depositions, act on felony charges through arraignment, hear
preliminary motions and make recommendations to the judge, handle misdemeanor cases from
arraignment to conviction with the defendant's written consent and waiver of his right to have his
case heard by a district judge, fix bail, review probable cause affidavits, conduct seventy-two hour
hearings, sign waivers of extradition, supervise defendants sentenced under the provisions of the
drug court, supervise conditions of bail bonds and special conditions of protective orders, domestic
violence, and any other probation condition. Present law does not allow the commissioner to accept
guilty pleas or sign orders disposing felony charges.
Proposed law retains present law but removes the commissioner's authority to hear preliminary
motions prior to filing the bill of information or indictment and make recommendations to the
district judge.
Present law grants the commissioner authority to accept guilty pleas in misdemeanor cases. Present
law requires the commissioner to submit a report to the court that contains the following:
(1)A statement of the pleadings.
(2)A statement of the facts as found by the commissioner. (3)An opinion based on the pleadings and facts.
(4)A judgment as he determines should be rendered with the recommendation to the judge that
it be made the judgment of the court.
Present law grants the judge the authority to accept, reject, or modify in whole or in part the findings
or recommendations made by the commissioner.
Proposed law removes the commissioners' authority to accept guilty pleas in misdemeanor cases.
Proposed law grants the commissioners the same authority vested in hearing officers as outlined and
established by R.S. 46:236.5, including handling matters including domestic violence, custody and
child support matters.
Present law provides that the commissioner's salary shall not exceed seventy-two thousand five
hundred dollars per annum.
Proposed law provides that a commissioner's salary shall not exceed 85% of a state district court
judge's salary per annum.
Effective August 1, 2020.
(Amends R.S. 13:721 and 722)