HLS 23RS-565 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 217
BY REPRESENTATIVES LAFLEUR, CARPENTER, DAVIS, AND SELDERS AND
SENATORS FIELDS AND FOIL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS: Provides relative to commissioners of the Nineteenth Judicial District Court
1 AN ACT
2To amend and reenact R.S. 13:711, 712(B), and 713(A) and (B), relative to the
3 commissioners of the Nineteenth Judicial District Court; to provide relative to the
4 appointment of additional commissioners; to provide for the salary of the
5 commissioners; to provide for the powers and duties of the commissioners of the
6 Nineteenth Judicial District; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 13:711, 712(B), and 713(A) and (B) are hereby amended and
9reenacted to read as follows:
10 §711. Nineteenth Judicial District Court; commissioners
11 A. The offices of commissioner of the Nineteenth Judicial District Court are
12 hereby created. Two Four commissioners shall be appointed in said judicial district,
13 such offices to be designated as Section A, and Section B, respectively Section B,
14 Section C, and Section D, respectively.
15 B. Each such commissioner shall be selected by a majority of the duly
16 elected judges of the Nineteenth Judicial District. A commissioner shall serve at the
17 pleasure of the court and may be removed from office by a majority of the elected
18 judges of the district. Additionally, any commissioner shall be subject to removal
19 from office for any reason for which a district judge may be removed.
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-565 ENGROSSED
HB NO. 217
1 §712. Commissioners; qualifications; salary and benefits; restrictions on
2 employment; quarters; supplies; equipment; and employees
3 * * *
4 B. The salary of each commissioner the commissioners in Section A and
5 Section B, in addition to any supplements or emoluments otherwise provided by law,
6 shall be ninety percent of the state-funded portion of the salary paid to a district
7 judge per annum, such salary and related benefits to be payable in the same manner
8 and from the same sources as the salary and benefits of a district judge. The salary
9 of the commissioners in Section C and Section D, in addition to any supplements or
10 emoluments otherwise provided by law, shall be ninety percent of the state-funded
11 portion of the salary paid to a district judge per annum, such salary and related
12 benefits to be payable from funds available to the Nineteenth Judicial District Court.
13 Commissioners shall be members of the State Employees' Retirement System.
14 * * *
15 §713. Commissioners; duties; powers; contempt
16 A. Commissioners of the Nineteenth Judicial District Court shall perform
17 such duties as are assigned to them by the chief judge of the district in accordance
18 with rules which shall be prescribed by the elected judges of the court, not
19 inconsistent herewith or with the constitution and laws of the state. Such duties shall
20 include but shall not be limited to hearing and recommendation of disposition of any
21 civil or criminal matter civil, criminal, or domestic violence matter which may be
22 assigned by rule of court or by any judge of the Nineteenth Judicial District Court,
23 and hearing and recommendation of disposition of criminal and civil proceedings
24 arising out of the incarceration of state prisoners. In such proceedings, the
25 commissioners may hold hearings at the facilities where the state prisoners are
26 incarcerated.
27 B.(1) Over matters pending in the Nineteenth Judicial District Court,
28 commissioners shall have all powers of a district judge not inconsistent with the
29 constitution and laws of the state and the United States nor with the rules of the court
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-565 ENGROSSED
HB NO. 217
1 and their assigned duties. including but not limited to the powers to administer oaths
2 and affirmations, take acknowledgements, affidavits and depositions, sign orders, act
3 on felony and misdemeanor charges, hear preliminary motions, accept pleas in
4 misdemeanor cases including misdemeanor cases preliminary to trial on the merits,
5 conduct trials of misdemeanor cases, fix bail, and sign and issue search and arrest
6 warrants upon probable cause being shown and in accordance with law. A
7 commissioner shall not have the power to adjudicate cases, except as provided in
8 Subsection E of this Section and except to render and sign judgments and orders
9 confirming judgments by default after receipt of proof sufficient to establish a prima
10 facie case as required by law. A commissioner may sign any and all orders which
11 clerks of court are authorized to sign pursuant to Code of Civil Procedure Article
12 283.
13 (2) In criminal matters, the powers and duties of the commissioners shall
14 include but are not limited to the power to:
15 (a) Administer oaths and affirmations.
16 (b) Take acknowledgments, affidavits, and depositions.
17 (c) Sign orders.
18 (d) Act on felony and misdemeanor charges.
19 (e) Hear preliminary motions prior to filing the bill of information or
20 indictment and make recommendations to the district judge.
21 (f) Fix bail.
22 (g) Sign and issue search and arrest warrants upon probable cause being
23 shown and in accordance with law.
24 (h) Conduct seventy-two hour hearings or call out. For purposes of this
25 Subparagraph, the term "call out" refers to an individual's initial appearance before
26 the criminal court judge on duty in order to appoint counsel and set or review bail on
27 each pending charge if the commissioner finds probable cause to support the charge.
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-565 ENGROSSED
HB NO. 217
1 (i) Sign waivers of extradition only upon written consent of the defendant
2 and the expressed waiver of the defendant's right to have his extradition heard by a
3 district court.
4 (j) Supervise defendants sentenced under the provisions of the specialty
5 courts in accordance with the policies established by the judges of the Nineteenth
6 Judicial District Court.
7 (k) Supervise all conditions of bail bonds.
8 (l) Review and act on petitions for protective order and matters of domestic
9 violence, including the issuance of temporary orders of protection and temporary
10 restraining orders, until such time as hearings may be conducted on the matters.
11 (m) Conduct hearings regarding protective orders and make
12 recommendations to the appropriate district judge for the issuance of a preliminary
13 or permanent injunction.
14 (3) In civil matters, the powers and duties of the commissioners shall include
15 but are not limited to the power to:
16 (a) Administer oaths and affirmations.
17 (b) Take acknowledgments, affidavits, and depositions.
18 (c) Review and act on petitions for protective orders and matters of domestic
19 violence, including the issuance of temporary orders of protection and temporary
20 restraining orders, until such time as hearings may be conducted on the matters.
21 (d) Conduct hearings regarding protective orders and make recommendations
22 to the appropriate district judge for issuance of a preliminary or permanent
23 injunction.
24 (4) A commissioner shall not have the power to adjudicate cases, except as
25 provided in Subsection E of this Section and except to render and sign judgments and
26 orders confirming judgments by default after receipt of proof sufficient to establish
27 a prima facie case as required by law. A commissioner may sign any and all orders
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-565 ENGROSSED
HB NO. 217
1 which clerks of court are authorized to sign pursuant to Code of Civil Procedure
2 Article 283.
3 * * *
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 217 Engrossed 2023 Regular Session LaFleur
Abstract: Authorizes the appointment of two additional commissioners of the 19th JDC.
Present law provides that the 19th JDC shall appoint two commissioners to be designated
as Section A and Section B, respectively.
Proposed law authorizes the appointment of two additional commissioners and creates two
new sections, Section C and Section D, respectively.
Present law provides that the salary of each commissioner, in addition to any supplements
or emoluments provided by law, shall be 90% of the state-funded portion of the salary paid
to a district judge.
Present law provides that the salary and related benefits of each commissioner are to be
payable in the same manner and from the same sources as the salary of a district court judge.
Proposed law retains present law for the salary and related benefits of the commissioners of
Section A and Section B.
Proposed law provides that the salary and related benefits of the commissioners of the new
sections, Section C and Section D, shall be paid from funds available to the 19th JDC.
Present law authorizes the commissioners of the 19th JDC to hear and provide a
recommendation of disposition in any civil or criminal matter assigned by rule of court or
by any judge of the 19th JDC.
Proposed law retains present law and adds domestic violence matters assigned by rule of
court or by any judge of the 19th JDC.
Present law provides 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 sign orders.
(4)To act on felony and misdemeanor charges.
(5)To hear preliminary motions.
(6)To accept pleas in misdemeanor cases including misdemeanor cases preliminary to
trial on the merits.
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-565 ENGROSSED
HB NO. 217
(7)To conduct trials of misdemeanor cases.
(8)To fix bail.
(9)To sign and issue search and arrest warrants upon probable cause hearing shown and
in accordance with the law.
Proposed law retains present law and authorizes the commissioner to act on felony and
misdemeanor charges through arraignment, but does not authorize the commissioner to
accept guilty pleas.
Proposed law authorizes the commissioner to hear preliminary motions prior to filing the bill
of information or indictment and make recommendations to the district judge.
Proposed law further provides that the commissioner shall have the additional powers as
follows:
(1)Conduct seventy-two hour hearings or call out, as defined by proposed law.
(2)Sign waivers of extradition only upon written consent of the defendant and the
expressed waiver of the defendant's right to have his extradition heard by a district
court.
(3)Supervise defendants sentenced under the provisions of the specialty courts in
accordance with the policies established by the judges of the 19th JDC.
(4)Supervise all conditions of bail bonds.
(5)Review and act on petitions for protective order 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.
(6)Conduct hearings regarding protective orders and make recommendations to the
appropriate district judge for the issuance of a preliminary or permanent injunction.
Proposed law provides that the commissioner shall have certain powers related to civil cases
as follows:
(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 issuance of a preliminary or permanent injunction.
(Amends R.S. 13:711, 712(B), and 713(A) and (B))
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.