Act 621

Regular Session, 2006 ENROLLED
ACT No. 621

SENATE BILL NO. 645 (Duplicate of House Bill No. 514)
BY SENATOR MOUNT AND REPRESENTATIVE BRUNEAU AND COAUTHORED

BY SENATORS SCHEDLER, DARDENNE, MICHOT AND
THEUNISSEN AND REPRESENTATIVES SALTER, SCHNEIDER,
BURNS, TOOMY, ALEXANDER, BEARD, BOWLER, CRANE,
CROWE, DANIEL, DOVE, DOWNS, GEYMANN, GREENE, JOHNS,
KATZ, KENNARD, KLECKLEY, LABRUZZO, LAMBERT,
LANCASTER, MCVEA, MORRISH, PITRE, M. POWELL, T.
POWELL, SCALISE, SMILEY, JANE SMITH, STRAIN, TRAHAN,
TUCKER, WADDELL, WALSWORTH AND WINSTON
1 AN ACT
2 To amend and reenact R.S. 13:1, 471, 474, 477(introductory paragraph), 691(A), 759,
3 842(A), 846(A)(introductory paragraph), and 901, R.S. 18:402(D), and R.S. 44:71;
4 to enact R.S. 13:474.1, 477(41), 621.41, 621.42, 621.43, 621.44 through 621.46,
5 714.1, 714.2, 751.1, 751.2, 751.3, 751.4, 751.5, 841.3, 983, 996.62 through 996.64,
6 R.S. 33:1500, and Chapter 2-A of Title 44 of the Louisiana Revised Statutes of 1950,
7 to be comprised of R.S. 44:181 through 185; and to repeal R.S. 9:2745, R.S. 13:1031
8 through 1147, 1211 through 1212.1, 1271 through 1312, 1335 through 1347, 1371
9 through 1372, 1377, 1381, and 1381.1 through 1400, R.S. 18:514(B), R.S. 33:1501.1
10 and 1519.1, and Part III of Chapter 5 of Title 35 of the Louisiana Revised Statutes
11 of 1950, comprised of R.S. 35:321 through 338, and Chapter 3 of Title 44 of the
12 Louisiana Revised Statutes of 1950, comprised of R.S. 44:201 through 268, relative
13 to the reorganization and consolidation of the civil and criminal district courts and
14 juvenile court, clerk of the civil and criminal district courts, and civil and criminal
15 sheriffs in and for the parish of Orleans; to provide relative to the register of
16 conveyances and recordation for the parish of Orleans; to provide, delineate, and
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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1 otherwise designate the powers, authority, duties, functions, compensation, fees, and
2 related matters concerning the civil and criminal district courts, clerks of the civil
3 and criminal courts, the civil and criminal sheriffs, the office and custodian of
4 notarial records, the office of the register of conveyances, the office of the recorder
5 of mortgages, and other judicial officers and officials for the parish of Orleans; to
6 create the Forty-First Judicial District, its subsequent divisions, sections, magistrate,
7 and commissioners; to abolish the Orleans Parish Juvenile Court and transfer its
8 jurisdiction; to extend the terms of office of the judges of the juvenile court now in
9 office; to transfer the jurisdiction of the juvenile court to the Forty-First Judicial
10 District Court; to provide for the juvenile section of the Forty-First Judicial District
11 Court; to create the Consolidated Judicial Expense Fund for certain courts; to provide
12 for the consolidation of certain offices and judicial expense funds; to provide for the
13 election of a single sheriff and clerk of court for the parish of Orleans commencing
14 with the next election for parochial and municipal officers in Orleans Parish; to
15 provide for the abolition of the separate offices of the civil and criminal sheriff; to
16 provide for effective dates; to abolish the office of the register of conveyances, the
17 office of the recorder of mortgages, and the office and custodian of notarial records;
18 to provide transitional provisions; to provide for continuation of retirement system
19 coverage; to provide for the reduction by attrition of judges upon retirement pursuant
20 to recommendations of the Judicial Council; to direct the Louisiana State Law
21 Institute to change statutory references necessitated by this Act and to make
22 recommendations it deems necessary to clarify or modify its provisions, including
23 the elimination of antiquated provisions; to provide for effective dates; and to
24 provide for related matters.
25 Be it enacted by the Legislature of Louisiana:
26 Section 1.(A) Legislative intent and authority. The legislature recognizes that there
27 should be effective, efficient, and economic administration of governmental services at all
28 levels. It is the intent of the legislature that the public interest is best served by the
29 elimination, to the fullest extent practicable, of the duplication of effort within local
30 government in order to expend public funds more efficiently and wisely and to meet more
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1 effectively and conveniently the needs of the people who provide the revenues for its
2 operations, particularly in the wake of devastation wrought by hurricanes Katrina and Rita.
3 It is the public policy of this state to ensure that all courts, officials, and offices enumerated
4 in Article V of the Louisiana Constitution of 1974 are structured in a manner which is
5 responsive to the needs of the people, operated efficiently, and consistent with the funds
6 available. The state, as well as the city of New Orleans and its citizens, now have limited
7 resources with which to support the number of judges and judicial offices it did prior to the
8 hurricanes. While the legislature recognizes that many cities and parishes throughout the
9 coastal areas of the state were devastated by hurricanes Katrina and Rita and their recovery
10 should be addressed, this Act is intended to address the consolidation of some of the judicial
11 offices of the city of New Orleans. The legislature finds that the structure of the judiciary
12 in Orleans Parish is fragmented and inefficient and must be fundamentally changed if the
13 city/ Orleans Parish is to flourish in the post-Katrina/Rita world. The costs of operating one
14 district court, one clerk of the district court, and one sheriff will inherently be less due to
15 economies of scale. The legislature recognizes that the city of New Orleans is of economic,
16 historical, and cultural significance to this state and to this nation and that efficiency of its
17 judiciary and offices comprising the judiciary is fundamental and that the legislature should
18 provide the best framework for its future recovery. The consolidation of the courts and
19 officers covered by this Act is critical to the future financial stability of the city and will
20 ultimately lessen the financial burden to the citizens of the city of New Orleans and this
21 state. The legislature recognizes that a judicial system founded 200 years ago is unrealistic
22 and not viable in the 21st century. The legislature does hereby enact these provisions in
23 accordance with the authority granted in Sections 16, 18, and 32 of Article V of the
24 Louisiana Constitution of 1974.
25 (B) One district court. It is the intent of the legislature that there be one district court
26 for the parish of Orleans - the Forty-First Judicial District Court. The consolidation of the
27 civil, criminal, and juvenile courts of the parish of Orleans into one Forty-First Judicial
28 District Court is required for judicial efficiency and the timely administration of justice and
29 will ultimately provide financial stability for all of the courts.
30 (C) One clerk of court. The legislature finds that there should be one clerk of the
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1 Forty-First Judicial District Court. In all parishes of the state, except Orleans Parish, there
2 is one clerk of court in which all instruments and acts are filed for record. In Orleans Parish,
3 all notarial acts are required to be filed and deposited in the office of the custodian of
4 notarial records, all conveyances and leases of immovables are required to be recorded in
5 the office of the register of conveyances, and all mortgages and encumbrances on movable
6 and immovable property are required to be recorded in the office of the recorder of
7 mortgages. It is the policy of this state that the manner in which acts of conveyance or
8 mortgage of immovable property, chattel mortgages, filings under Chapter 9 of the Louisiana
9 Commercial Laws, notarial acts, and all other acts filed for public record shall be uniform
10 throughout the state and that the citizens of the city and parish of Orleans should be afforded
11 the convenience and economy of filing a document for record in one office.
12 (D) One sheriff. The legislature recognizes that the consolidation of the powers,
13 duties, functions, and employees of the civil and criminal sheriffs into a single sheriff of the
14 parish of Orleans is in the best interest of the citizens of the parish of Orleans and the state
15 of Louisiana and that the historical reasons for having two sheriffs are no longer valid and
16 sound economically.
17 (E) Legislative action required now. The constitution prohibits decreasing the terms
18 of judges and other elected officials during their terms of office, and accordingly, some of
19 the provisions of this Act will not effect a consolidation until 2009, 2010, and 2015,
20 respectively. The legislature declares, however, that the process must begin now so that the
21 elected officials covered by this Act as well as their employees and the citizens of New
22 Orleans can plan for the future and know that the district court, clerk, and sheriff are
23 structured in the most efficient manner with vision for the future and not in a system
24 established two centuries ago.
25 Section 2. R.S. 13:1, 471, 474, 477(introductory paragraph), 691(A), 759, 842(A),
26 846(A) (introductory paragraph), and 901 are hereby amended and reenacted and R.S.
27 13:474.1, 477(41), 621.41, 621.42, 621.43, 714.1, 714.2, 751.1, 751.2, 751.3, 751.4, 751.5,
28 841.3, 983, and 996.62 through 996.64 are hereby enacted to read as follows:
29 TITLE 13. COURTS AND JUDICIAL PROCEDURE
30 CHAPTER 1. JUDICIAL OFFICERS AND EMPLOYEES, IN GENERAL
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1 PART I. GENERAL PROVISIONS
2 §1. Duties of the minute clerks of courts of Orleans parish Parish
3 The minute clerks of the court of appeals and of the civil and criminal district
4 courts of the parish of Orleans Forty-First Judicial District Court shall attend the
5 sessions of the court for which they are appointed, and shall, under the supervision
6 of the judge or judges of the courts, keep the minutes of the court, issue all notices,
7 copies of rules and orders entered on the minutes, which are required to be issued,
8 and make due entries on the dockets of the causes and of the proceedings therein, and
9 shall perform such other duties as the judges may direct.
10 * * *
11 CHAPTER 4. DISTRICT COURTS ORLEANS PARISH EXCEPTED
12 PART I. GENERAL PROVISIONS
13 §471. Scope of Chapter 4
14 The Except as otherwise provided by law to the contrary, the general
15 provisions of R.S. 13:472 through 13:967 inclusive this Chapter shall not apply to
16 the district courts court of Orleans parish, except as provided in Title 13, Chapter 5
17 Parish.
18 * * *
19 §474. Registry of the district court; designation
20 The district judges shall designate in each of the parishes in their respective
21 judicial districts, the fiscal agent of each parish in his district, the parish of Orleans
22 excepted, as a depository of any and all monies, stocks, bonds, notes, deeds,
23 contracts, or documents of any nature belonging to minors, interdicts, absentees, or
24 persons unknown, when, for any purpose, and for the benefit of such person or
25 persons it is desired to keep such property safely. The bank so designated as the
26 fiscal agent shall be known as the registry of the court in and for the parish and
27 district concerned.
28 §474.1. Judicial depository
29 A. The bank or banks so designated as fiscal agent for such funds shall
30 furnish adequate security, satisfactory to the judges, to secure the return and
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1 payment of any such deposited funds.
2 B. It shall be the duty of the judges to endeavor to receive interest on all
3 monies so deposited, and if, for any reason, the fiscal agent, or agents, so
4 designated are unable or unwilling to pay interest on such deposit, the judges
5 of the district court are hereby authorized to purchase certificates of deposit,
6 and/or other forms of certificates of indebtedness bearing interest, or they may
7 purchase short-term United States bonds, treasury notes, or certificates.
8 C. Any and all interest received on all such monies so deposited, or from
9 any certificates of deposit, certificates of indebtedness, or United States bonds,
10 treasury notes, or certificates, shall be distributed in the following manner:
11 (1) One-half of all interest so received, as received, shall be transferred
12 to and shall form part of the Consolidated Judicial Expense Fund for the
13 Forty-First Judicial District Court, in reimbursement and payment for the
14 services rendered in administering said "registry of the court" fund by the
15 judges, clerk, and other employees whose salaries are paid out of the fund.
16 (2) The ultimate recipient of any of said funds so deposited in the
17 registry of the court shall receive interest on such sum received by him, to be
18 calculated on the following basis, to wit:
19 (a) The rate of interest per annum to be paid such recipient shall be
20 one-half of the average interest rate received from the fiscal agent and/or from
21 certificates of deposit, certificates of indebtedness, United States government
22 bonds, treasury notes, or certificates, during the period that the funds being
23 disbursed were on deposit in the registry of the court.
24 (b) Interest shall be paid such recipient on the same percentage of such
25 sum he receives as the total amount of such registry funds invested with interest
26 bears to the total of such funds held in the registry of the court during the
27 preceding year.
28 (c) In determining the amount of such registry funds invested with
29 interest, and the total of such funds held in the registry of the court, as provided
30 in Subparagraph (b) of this Paragraph, the basis for such determination shall
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1 be the average daily balance of the total funds invested and the average daily
2 balances of the total funds held in the registry of the court fund during the
3 period that the funds being disbursed were on deposit in the registry of the
4 court fund.
5 D. In the event it becomes necessary to disburse funds which have been
6 deposited in the registry of the Consolidated Judicial Expense Fund, in
7 accordance with a duly rendered court order, in excess of the amount held by
8 the fiscal agent of the fund, in its noninterest bearing account, the presiding
9 judge or the acting chief judge of the Forty-First Judicial District Court, on an
10 order issued by the majority of the judges of the district court, sitting en banc,
11 shall have the authority to borrow such funds so needed for disbursal from the
12 fiscal agent, or others, at the then prevailing interest rate for loans of this
13 character, using as collateral to secure any such loan an amount of bonds, or
14 certificates of deposit, or certificates of indebtedness in which funds have been
15 invested, and, if required so to do by any such lending agency, to execute any
16 note or other form of agreement to repay such loan.
17 * * *
18 §477. Judicial districts
19 There shall be forty-one judicial districts in the state, the parish of Orleans
20 excepted, and each district shall be composed as follows:
21 * * *
22 (41) Orleans Parish shall compose the Forty-First District.
23 * * *
24 §621.41. Forty-First Judicial District
25 A.(1) The Forty-First Judicial District Court shall have twenty-six
26 judges and one magistrate judge.
27 (2) The Forty-First Judicial District Court shall have the same
28 jurisdiction as the district courts throughout the state, as fixed by the
29 constitution, as provided in this Section, or as provided by law.
30 B.(1) The judges of the Forty-First Judicial District Court by rule
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1 adopted by a majority vote of the judges sitting en banc, with the consent of the
2 judge of the respective division, may assign certain divisions of the court to a
3 criminal section and certain divisions to a civil, domestic relations, or other
4 section of the court. The judges of the Forty-First Judicial District Court,
5 including the magistrate judge, en banc, shall assign certain divisions of the
6 court to a juvenile section when the Juvenile Court of the parish of Orleans is
7 abolished and jurisdiction of that court is transferred to the Forty-First Judicial
8 District Court.
9 (2) Notwithstanding any principal assignments to divisions, all divisions
10 of the court shall retain general jurisdiction to hear all matters.
11 C. The Forty-First Judicial District Court shall be composed of divisions
12 A through Z and the magistrate judge over the magistrate section.
13 D. The judges presently presiding over Divisions A through N of the Civil
14 District Court for the parish of Orleans shall preside over Divisions A through
15 N of the Forty-First Judicial District Court. The judges shall continue to serve
16 until the thirty-first day of December of the year in which their terms expire.
17 E. The judges presently presiding over Divisions A through L of the
18 Criminal District Court for the parish of Orleans shall preside over Divisions
19 O through Z of the Forty-First Judicial District Court. The judges shall
20 continue to serve until the thirty-first day of December of the year in which
21 their terms expire.
22 F.(1) The Forty-First Judicial District Court shall have general
23 supervisory jurisdiction over the municipal and traffic courts and appellate
24 jurisdiction of all misdemeanor cases tried before the Municipal Court and the
25 Traffic Court. Appeals from the municipal and traffic courts shall be on the
26 law and the facts and shall be tried upon the records made and the evidence
27 offered in said courts by the judge to whom the appeal shall be allotted. In all
28 misdemeanor cases tried before the judges of the Forty-First Judicial District
29 Court, an appeal shall lie on questions of law and fact to two or more of the
30 judges, as prescribed by said court. The judges shall adopt rules regulating the
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1 manner of taking and hearing and deciding such appeals.
2 (2) The Forty-First Judicial District Court has appellate jurisdiction
3 over all cases tried in the city courts of said court where the amount in dispute,
4 value of the movable property involved, or fund to be distributed does not
5 exceed one hundred dollars, exclusive of interest. These appeals shall be tried
6 de novo by a single judge and without a jury; however, the Forty-First Judicial
7 District Court may provide by rule that no evidence shall be admitted on the
8 trial de novo which was not offered in the city court unless it is shown to the
9 satisfaction of the court that despite the exercise of reasonable diligence by the
10 party offering it such evidence could not have been produced at the trial in the
11 city court.
12 G. All judges of the Forty-First Judicial District shall be elected by the
13 qualified electors of the parish for terms of six years at the congressional
14 election immediately preceding the expiration of their terms, and every six years
15 thereafter. Each judge shall take office on the first day of January of the year
16 following election and shall serve through December thirty-first of the last year
17 of his term. Any candidate for election to the office of judge of this court must
18 designate the division for which he is a candidate, and, if elected, shall succeed
19 to the office of judge of the division for which he was a candidate. The judge
20 oldest in continuous service in each division of the district court shall preside,
21 and in the event two or more judges shall have served the same length of time,
22 the judge oldest in years shall preside.
23 H.(1) Subject to the recommendations of the committee provided for in
24 R.S. 13:996.62, on the date that the Forty-First Judicial District Court becomes
25 effective, all of the books, papers, records, monies, actions, and other property
26 of every kind and description, movable and immovable, real and personal,
27 possessed, controlled, or used by the Civil District Court for the parish and
28 Criminal District Court for the parish shall be transferred and be owned,
29 possessed, controlled, and used by the Forty-First Judicial District Court.
30 (2) The judges of the Forty-First Judicial District, including the
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1 magistrate judge, shall retain all accrued benefits and contributions to which
2 they were entitled and shall continue to contribute, if applicable, to the
3 retirement system or pension fund to which they were contributing on
4 December 31, 2008. The salaries of the judges and group health and life
5 insurance premiums shall continue to be paid from the same sources and in the
6 same manner in which they were paid on December 31, 2008; however, the
7 payment of health and life insurance premiums shall be in accordance with the
8 unified group health and life insurance program adopted by the committee
9 provided for in R.S. 13:996.62.
10 (3) The employees of the Civil District Court for the parish and the
11 Criminal District Court for the parish shall be transferred in accordance with
12 this Section, to the extent required and in accordance with applicable civil
13 service laws, and shall be subject to the supervision and control of the
14 Forty-First Judicial District Court. The employees transferred in accordance
15 with this Section shall continue to contribute to the retirement system or
16 pension fund to which they were contributing on the effective date of this
17 Section, including the retention of all accrued benefits and contributions to
18 which they were entitled on the effective date of this Section. The salaries of the
19 employees shall continue to be paid from the same sources and in the manner
20 in which they are paid on December 31, 2008. The employees shall continue to
21 be entitled to participate in the same health and life insurance plans they are
22 participating in on December 31, 2008.
23 I. Pursuant to the provisions of R.S. 13:61, as amended by Act 16 of the
24 First Extraordinary Session of 2006, the Judicial Council is hereby requested
25 to make recommendations as to the total number of district court judges in the
26 parishes necessary to effectively and efficiently serve the administration of
27 justice in the parishes, taking into consideration such factors as the funding of
28 the operations of the court, the population of the parishes, and the caseload of
29 the divisions and each section of the court. The recommendations shall be
30 submitted to the legislature not later than March 1, 2007 in accordance with Act
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1 16 of the First Extraordinary Session of 2006. If the council recommends a
2 reduction in the total number of judges, such reduction shall be accomplished
3 by attrition or retirement, unless otherwise provided by law.
4 §621.42. Domestic Relations Section
5 There shall be a Domestic Relations Section, composed of three judges
6 from the divisions of the Forty-First Judicial District Court designated in R.S.
7 13:621.41(D). Domestic relations cases shall consist of all domestic matters,
8 including suits for divorce or annulment, alimony, child support, custody of
9 children, partition of community property, adoption, and any other similar
10 matters which the court, en banc, may designate as domestic relation matters
11 or cases.
12 §621.43. Forty-First Judicial District; office or positions and functions
13 The Forty-First Judicial District Court shall have a position or office of
14 judicial administrator, deputy judicial administrator, and assistants as needed,
15 at least twenty-six law clerks, and at least eight secretaries, and shall provide for
16 the conduct of the jury commission and sanity hearings, the cost of all of which
17 shall be allocated by the Judicial Budgetary Control Council to such court;
18 however, the positions provided for in R.S. 13:1384 shall be paid as required by
19 the provisions of that Section.
20 * * *
21 SUBPART C. COMPENSATION
22 §691. Annual salaries of district judges; certain civil district court judges; certain
23 criminal district court judges; and certain juvenile and family court
24 judges
25 A. The annual salary of each of the several district judges of judicial
26 districts; including the civil district court judges and the criminal district court judges
27 of the parish of Orleans; the magistrate of the criminal district court for the parish of
28 Orleans Forty-First Judicial District; the judges of the juvenile court of the parish
29 of Orleans, the parish of Caddo, the parish of East Baton Rouge, and the parish of
30 Jefferson; and the judges of the family court of East Baton Rouge Parish, shall be
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1 seventy-five thousand dollars in the amount provided in accordance with the
2 provisions of R.S. 13:42 et seq., payable monthly upon the warrant of the judge.
3 * * *
4 SUBPART D. MAGISTRATES AND COMMISSIONERS
5 * * *
6 §714.1. Magistrate Section, Forty-First Judicial District; judge; election;
7 salary; powers; jurisdiction
8 A. In addition to the judges provided for in R.S. 13:621.41(C), there
9 shall be one additional judgeship who shall be assigned to the Magistrate
10 Section of the Forty-First Judicial District Court, except as otherwise provided
11 for in this Section. The judge shall be known as the magistrate and shall preside
12 over the Magistrate Section. The magistrate shall receive the same salary,
13 payable in the same manner, as the state pays to the other judges of the
14 Forty-First Judicial District Court. The magistrate shall be elected at the same
15 time, shall take office at the same time, and shall serve for the same term of
16 office as the other judges of the Forty-First Judicial District Court. The
17 magistrate shall be a member of the court sitting en banc.
18 B. The magistrate shall have and possess all of the powers, duties,
19 jurisdiction, rights, prerogatives, and qualifications as are now prescribed by
20 the constitution and laws of this state relative to judges of the Forty-First
21 Judicial District Court, except as provided herein.
22 C. The magistrate shall have jurisdiction to act as committing
23 magistrate in felony and misdemeanor charges and to hold preliminary
24 examinations, with the authority to bail or discharge, or to hold for trial, in all
25 cases before the Forty-First Judicial District Court, and shall have the power
26 to adopt all necessary rules with respect thereto.
27 D. The magistrate shall hear preliminary motions, conduct extradition
28 hearings, accept pleas in misdemeanor cases, hear and render judgments in
29 other matters, including misdemeanor cases, preliminary to the trial on the
30 merits, conduct trials of misdemeanor cases, preside over jury trials of
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1 misdemeanor cases, and sign and issue search and arrest warrants upon
2 probable cause being shown in accordance with law. The magistrate shall have
3 the right to appoint a court reporter, deputy court reporter, and minute clerk
4 as provided by law, and the sheriff for the parish shall appoint a crier and
5 deputy sheriff for the section of the court created herein as provided by law.
6 E. The Forty-First Judicial District Court, including the magistrate of
7 the Magistrate Section of said court, acting en banc, shall prescribe rules and
8 procedures not inconsistent with the constitution and laws of this state to be
9 followed in all matters to be presented before the Magistrate Section.
10 §714.2. Commissioners; Magistrate Section; Forty-First Judicial District Court
11 A.(1) There shall be four commissioners appointed to the Magistrate
12 Section of the Forty-First Judicial District Court. The persons appointed to the
13 offices of commissioner created by this Section shall be known as commissioners
14 and shall not be judges, but shall have the same qualifications, powers, duties,
15 jurisdiction, and functions, all as is now or hereafter provided for the judge in
16 the Magistrate Section of the Forty-First Judicial District Court. The
17 commissioners shall serve a term of six years.
18 (2) The salary of the commissioners of the Forty-First Judicial District
19 Court for the parish shall be fifty-five percent of the salary paid to a judge of
20 the Forty-First Judicial District Court, said salary and related benefits as
21 provided for by law, to be payable in the same manner and from the same
22 sources as the salary and benefits of a judge of the Forty-First Judicial District
23 Court. The support services and personnel including minute clerks and
24 stenographers, as shall be necessary for the offices of commissioner, and such
25 supporting services and personnel shall be paid in the same amount and from
26 the same source as they are paid on December 31, 2008.
27 (3) The judges of the Forty-First Judicial District Court, sitting en banc,
28 shall determine the further powers, duties, functions, and policy affecting the
29 offices of commissioner, not inconsistent with the provisions of this Section.
30 B. Should there be a vacancy created by the removal, resignation, or
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1 death of any commissioner, the judges of the district court, sitting en banc, shall
2 fill the vacancy by appointment for the unexpired term. At the termination of
3 the initial term and/or any subsequent terms of a commissioner, said judges,
4 sitting en banc, shall appoint successors to the office for like terms. All
5 commissioners are subject to removal for any reason for which a judge of the
6 Forty-First Judicial District Court may be removed from office. Such removal
7 shall be by order of the judges sitting en banc, after notice and hearing. No
8 person shall serve as commissioner unless he has practiced law in the state of
9 Louisiana for a period of not less than five years.
10 C. No commissioner of the magistrate office shall practice law before the
11 Forty-First Judicial District Court.
12 * * *
13 SUBPART B. CLERKS
14 * * *
15 §751.1. Clerk of the Forty-First Judicial District Court
16 A.(1) There shall be one clerk of the Forty-First Judicial District Court
17 who shall be elected by the qualified electors of Orleans Parish. He shall be
18 elected at the election for parochial and municipal officers in Orleans Parish,
19 shall serve for a term of four years, and shall take office and begin his term on
20 the first Monday in May following election. The clerk shall be called the clerk
21 of court of the Forty-First Judicial District Court. No separate clerk of the Civil
22 District Court for the parish of Orleans and no separate clerk of the Criminal
23 District Court for the parish of Orleans shall be elected in 2010 or thereafter.
24 (2) Beginning on the date that the judges elected to serve on the
25 Forty-First Judicial District Court take office on January 1, 2009, and until
26 such date as provided in Subsection B of this Section, the clerk of court for the
27 Civil District Court for the parish of Orleans shall serve as the clerk for the
28 Forty-First Judicial District Court, Civil Section, and the clerk of court for the
29 Criminal District Court for the parish shall serve as the clerk for the
30 Forty-First Judicial District Court, Criminal Section.
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1 B. When one clerk of the Forty-First Judicial District Court for the
2 parish is elected, the separate offices of the clerk of the Civil District Court for
3 the parish of Orleans and the clerk of court of the Criminal District Court for
4 the parish of Orleans shall be abolished and the functions, duties, and
5 responsibilities of their respective offices shall be merged and consolidated
6 within the office of the clerk of court of the Forty-First Judicial District Court.
7 C. All of the books, papers, records, monies, actions, and other property
8 of every kind and description, movable and immovable, real and personal,
9 possessed, controlled, or used by the clerk of the Civil District Court for the
10 parish of Orleans and the clerk of the Criminal District Court for the parish of
11 Orleans shall be transferred and be owned, possessed, controlled, and used by
12 the clerk of the Forty-First Judicial District Court.
13 D. The employees of the clerk of the Civil District Court for the parish
14 of Orleans and the clerk of the Criminal District Court for the parish of Orleans
15 shall be transferred in accordance with this Section, to the extent required and
16 in accordance with applicable civil service laws and rules, and shall be subject
17 to the supervision and control of the clerk of the Forty-First Judicial District
18 Court. The employees transferred in accordance with this Section shall continue
19 to contribute to the retirement system or pension fund to which they were
20 contributing on the effective date of this Section, including the retention of all
21 accrued benefits and contributions to which they were entitled on the effective
22 date of this Section. The salaries of the employees of the clerk of Civil District
23 Court and the clerk of Criminal District Court shall continue to be paid from
24 the same sources and in the manner in which they were paid on the effective
25 date of this Section.
26 §751.2. Salary
27 The provisions of R.S. 13:782 shall apply to the clerk of the Forty-First
28 Judicial District Court except as otherwise provided therein and he shall receive
29 a salary as established in R.S. 13:782(A) based on the applicable population of
30 the parish according to the latest United States census which shall be payable
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1 out of the Consolidated Judicial Expense Fund. In addition to this amount, the
2 clerk shall receive a salary of ten thousand dollars which shall be payable by the
3 state.
4 §751.3. Expenses
5 In addition to his salary, the clerk of the Forty-First Judicial District
6 Court shall receive a sum not to exceed ten percent of his annual salary as an
7 expense allowance. This allowance shall be payable out of the expense fund or
8 its successor upon the warrant of the clerk.
9 §751.4. Clerk’s salary fund
10 Except as provided in R.S. 13:783(C), the clerk of the Forty-First
11 Judicial District Court shall collect all fees and charges due his office and
12 deposit them in a fund known as the Clerk’s Salary Fund. The clerk shall keep
13 an accurate set of books in connection with this fund showing all receipts of his
14 office, including notarial fees, and all expenditures. On or before the tenth of
15 October each year, he shall render a statement from the books for the fiscal
16 year beginning July first and ending June thirtieth to the governing body of the
17 parish. A clerk who fails to comply with this Section shall forfeit to the parish
18 fifty percent of the compensation received by him under R.S. 13:782.
19 §751.5. Cross-references
20 The provisions of R.S. 13:750 and 750.1 shall apply in Orleans Parish.
21 * * *
22 §759. Election; term of office
23 Except for the clerks clerk of the Civil District Court and the criminal district
24 court for the parish of Orleans Forty-First Judicial District Court and except for
25 clerks of district courts elected at special elections, each clerk of a district court shall
26 be elected at the gubernatorial election, shall serve for a term of four years, and shall
27 take office and begin his term on the first day of July following election.
28 * * *
29 SUBPART C. FEES
30 * * *
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1 §841.3. Fees; clerk for the Forty-First Judicial District; collection
2 The clerk of the Forty-First Judicial District Court shall collect the fees
3 set forth in R.S. 13:1213.1 and shall deposit no less than sixty percent of the
4 amounts collected in the Clerk's Operational Fund. The remaining funds shall
5 be deposited in the Consolidated Judicial Expense Fund.
6 §842. Advance costs
7 A. The clerks of the district courts shall demand and receive from the
8 plaintiff or plaintiffs in each ordinary suit, whether accompanied by conservatory
9 writs or not, not less than twenty dollars or such other amount as may be fixed by
10 law for advanced costs, to be disbursed to the clerk's salary fund or to others as their
11 fees accrue. Whenever the costs have exhausted the amount of the original advance
12 deposit, the clerk may refuse to perform any further function in the proceeding until
13 the additional costs for the function have been paid, in accordance with the fees set
14 forth in R.S. 13:841 or, for the Forty-First Judicial District Court, as set forth in
15 R.S. 13:841.3.
16 * * *
17 §846. Additional fees; attending court sessions; transcripts of appeal in criminal
18 cases; costs of prosecution; forfeited bail bond
19 A. In addition to other fees fixed by law, the clerks of the several district
20 courts throughout the state of Louisiana, the parish of Orleans excepted, shall be
21 entitled to demand and receive the following fees of office:
22 * * *
23 §901. Requirements for indexing names contained in notarial acts
24 The clerks of the various courts, including the recorder of mortgages and the
25 register of conveyances for the parish of Orleans, shall index any notarial act
26 required to be recorded in the names of the natural persons as recited in the act,
27 including the Christian name, middle name or middle initial, and family name of
28 such natural person. In addition, if a woman is a party to a notarial act, such act shall
29 also be indexed in her married name.
30 * * *
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1 §983. Court reporters for the Forty-First Judicial District Court
2 A.(1) Each judge of the Forty-First Judicial District may appoint no
3 more than two court reporters for his division, which reporters shall hold office
4 until it is declared vacated by the judge making such appointment.
5 (2) The judges of the Forty-First Judicial District, sitting en banc and
6 with approval of the governing authority of the parish, may appoint additional
7 qualified court reporters as they deem necessary, who shall serve at the pleasure
8 of the court en banc and may be assigned to the various divisions of the court,
9 or to the grand jury, as the court en banc may direct.
10 B. Each court reporter appointed under the provisions of this Section
11 shall be required to take an oath of office and furnish bond for the faithful
12 performance of the duties of the office. The bond shall be in favor of the judges
13 of the Forty-First Judicial District Court for the purpose of protecting litigants
14 against any acts of incompetence or neglect of duty by the court reporter. The
15 bond shall be recorded and filed in the office of the clerk of court. Any party
16 litigant shall have the right to sue on said bond for any damages sustained
17 through any wrongful act or neglect of duty by the court reporter in the
18 performance of his duties as official court reporter.
19 C. The court reporters shall report in shorthand, stenotype, by
20 recording machine, or in any recognized manner, and transcribe into longhand
21 by typing or printing all the testimony taken in all civil appealable cases and
22 shall furnish for the purposes of appeal the necessary copies of the testimony
23 required by law.
24 D. The court reporters shall work concurrently under the direction and
25 supervision of the judges appointing them, according to the needs of the judicial
26 district, in the interest of expediting the business before the court.
27 E. Each court reporter shall perform secretarial duties for the district
28 judge appointing the reporter, particularly in the absence of the judge's regular
29 secretary.
30 F. The court reporters shall receive a monthly salary to be fixed and
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1 determined by the judges of the Forty-First Judicial District sitting en banc,
2 upon approval of the governing authority of the parish. The salaries shall be
3 paid out of the general fund of the parish. The governing authority for the
4 parish shall budget the salaries in its budget of annual expenses. Upon approval
5 by the court, a portion thereof may be paid out of the Consolidated Expense
6 Fund for the Forty-First Judicial District.
7 G.(1)(a) In all civil cases, a fee of one dollar and fifty cents per original
8 page of transcript, fifty cents per page for additional pages of original transcript
9 for the first copy, and thirty-five cents per page for additional copies reported
10 and transcribed beyond the first copy shall be charged by and paid to the court
11 reporter for reports and for transcribing the testimony which shall be retained
12 by him as compensation in addition to the salary as provided herein, and shall
13 be taxed as costs of the suit in which the testimony is taken to be collected by the
14 clerk of court, except in pauper cases.
15 (b) Payment of the fees shall be made primarily by the appellant
16 immediately upon the transcription of the evidence, and the court reporter shall
17 not be required to file the transcript with the clerk of court before payment.
18 (2) Should the appellant fail or refuse to make such payment, the
19 appellee or any other party to the suit may make the same and have it assessed
20 as costs.
21 (3) Even though counsel may attempt to procure a transcript of the
22 entire record by alleging that the entire record is necessary to support a motion
23 for a new trial, the trial judge shall not order the entire transcript to be typed
24 unless he deems it indispensable to the record of the motion or proceedings.
25 H.(1)(a) In all pauper cases under Code of Civil Procedure Article 5181
26 et seq., the governing authority for the parish shall pay to the court reporter for
27 the transcribing of testimony, when an appeal is taken or upon order of the
28 judge, one-half of the amount as would otherwise be required to be paid by the
29 party who is proceeding in forma pauperis.
30 (b) Such amount shall be paid at the time the transcription is filed, but
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1 only upon the written approval and order of the judge.
2 (c) Such payments by the parish shall not exceed the sum of twenty-five
3 hundred dollars for any one year.
4 (2) The governing authority of the parish, upon making payment to any
5 court reporter pursuant to this Section shall be legally subrogated to the rights
6 of the court reporter as to all sums so paid for the transcription of testimony in
7 pauper cases.
8 (3) All judgments in cases in which the pauper shall be cast for costs,
9 together with the statement of such costs, shall be recorded by the clerk of court
10 in the mortgage records of the parish and such judgments when so recorded
11 shall operate as judicial mortgages in favor of the parish governing authority.
12 I.(1) The court reporters shall record such criminal proceedings as may
13 be required by law or as ordered by the court.
14 (2)(a) No fee shall be charged for taking evidence on assignments of
15 error, motions, or other pleadings in criminal cases, unless approved by the
16 presiding judge.
17 (b) When so approved, any such payment may be made from the
18 Consolidated Expense Fund for the Forty-First Judicial District when the
19 defendant is indigent and judges sitting en banc have approved the payment.
20 (c) In such cases, however, only properly designated portions of the
21 record shall be transcribed.
22 J. The court reporters shall be provided with any office supplies
23 necessary for the reporting and transcription of any notes of evidence taken by
24 the court reporters. Each court reporter shall be responsible for all traveling
25 expenses and other expenses incurred in the discharge of his duties.
26 K. In criminal cases, the notes shall be maintained indefinitely and shall
27 be returned to the appropriate court upon termination of employment. In other
28 matters, the court reporters shall file and maintain their notes for a period of
29 one year after judgment has become final.
30 L. The clerk of court shall collect from every person filing any civil suit
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1 or proceeding, and who is not otherwise exempted by law from the payment of
2 court costs, a sum to be determined by the judges of the district, sitting en banc,
3 which sum shall not exceed fifteen dollars, subject, however, to the provisions
4 of Code of Civil Procedure Article 5181 et seq.
5 * * *
6 §996.62. Consolidated Judicial Expense Fund for the Forty-First Judicial
7 District
8 A.(1) Effective January 1, 2009, there is hereby created a fund for the
9 Forty-First Judicial District Court, the juvenile court for the parish of Orleans,
10 and the First and Second City Courts of the city of New Orleans which shall be
11 known as the “Consolidated Judicial Expense Fund.” As used in this Section,
12 “judges” shall mean the judges of the courts enumerated in this Subsection.
13 (2) There is hereby created a committee of the following judges: three
14 judges from the civil district court who shall be the chief judge and two of his
15 designees, three judges from the criminal district court, including the
16 magistrate judge, who shall be the chief judge and two of his designees, one
17 judge from the juvenile court for the parish of Orleans with the most seniority,
18 and one judge from the first or second city court with the most seniority. The
19 chairman of the committee shall be elected by majority vote and serve for one
20 year on a rotating basis among each court.
21 (3) Beginning on January 1, 2007, the committee designated in
22 Paragraph (2) of this Subsection shall:
23 (a) Review all funds and funding sources for the courts enumerated in
24 this Subsection.
25 (b) Have an audit conducted by an independent certified public account
26 of all monies, deposits and accounts possessed, controlled, exercised, or used by
27 a court or judge.
28 (c) Identify all obligations and debts of the courts enumerated in this
29 Subsection.
30 (d) Recommend appropriate funding levels and the sources for such
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1 funding for the courts.
2 (e) Recommend the appropriate method for consolidating all funds,
3 monies, deposits, accounts, obligations and debts of the enumerated courts into
4 the Consolidated Judicial Expense Fund.
5 (4) The committee shall report its findings and recommendations to the
6 Senate Committee on Judiciary A and the House Committee on Judiciary not
7 later than January 1, 2008.
8 B.(1) Notwithstanding any other law to the contrary, effective January
9 1, 2009, all monies, deposits, accounts heretofore possessed, controlled,
10 exercised, or used by a court or judge separately or collectively, enumerated in
11 Subsection A of this Section shall be transferred to the Consolidated Judicial
12 Expense Fund, in accordance with the recommendations of the Consolidation
13 Review Committee, and monies so allocated to the fund shall be continued to be
14 paid from the same sources as provided therein into a special account
15 designated as the Consolidated Judicial Expense Fund.
16 (2) This Section shall not apply to those funds collected pursuant to R.S.
17 13:1141(A) and R.S. 13:1381.1.
18 (3) The judges shall cause to be conducted annually an audit of the fund
19 and the books and accounts relating thereto, and shall file the same with the
20 office of the legislative auditor where it shall be available for public inspection.
21 (4) The monies in the Consolidated Judicial Expense Fund may be used
22 for any purpose connected with, incidental to, or related to the proper
23 administration or function of the courts and judges designated in Subsection A
24 of this Section or the offices of the judges thereof and is in addition to any and
25 all other funds, salaries, expenses, or other monies that are provided,
26 authorized, or established by law. The establishment of the Consolidated
27 Judicial Expense Fund in no way relieves or extinguishes any obligation of the
28 city of New Orleans to fund the court system.
29 (5) The judges, en banc, may further appoint such secretarial, clerical,
30 research, administrative, or other personnel as they deem necessary to expedite
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1 the business and function of the court and fix and pay all or any part of the
2 salaries of such personnel out of the monies in the Consolidated Judicial
3 Expense Fund. In like manner, the judges, en banc, may utilize the monies in
4 the Consolidated Judicial Expense Fund to pay all or any part of the cost of
5 establishing or maintaining, or both, a law library for the court, or for buying
6 or maintaining, or both, any type of equipment, supplies, or other items
7 consistent with or germane to the efficient operation of the court. In general,
8 the Consolidated Judicial Expense Fund is established and may be used for any
9 purpose or purposes connected with, incidental to, or related to the proper
10 administration or function of the said court or the offices of the individual
11 judges and is in addition to any and all other funds, salaries, expenses, or other
12 monies that are now or hereafter provided, authorized, or established by law for
13 any of the aforesaid purposes.
14 C.(1) The judges, en banc, may utilize the monies in the Judicial
15 Expense Fund to pay all or any part of the cost of planning, designing, and
16 constructing a new courthouse for the parish, which may house the following
17 courts and all related support offices:
18 (a) District court for the parish.
19 (b) City courts.
20 (c) Juvenile courts.
21 (2) Any contract for the planning, designing, or construction of a new
22 courthouse shall be subject to the public bid laws. The provisions of this
23 Subsection shall not affect the obligation of the city of New Orleans to provide
24 buildings to house the Civil District Court and the other courts housed therein
25 and the Criminal District Court.
26 D. The legislature hereby specifically states that this Section is in no way
27 and to no extent intended to nor shall it be construed in any manner which will
28 impair the contractual or other obligations of any fund transferred by this
29 Subpart or of the state of Louisiana. It is hereby specifically provided that all
30 obligations of any fund transferred in accordance with this Subpart hereafter
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1 shall be deemed to be the obligations of the Consolidated Judicial Expense Fund
2 for the Forty-First Judicial District to which the fund is transferred to the same
3 extent as if originally made by said fund. This transfer of obligations shall in
4 no way create a personal obligation for any judge of the Forty-First Judicial
5 District Court, if no such obligation existed prior to the transfer. In like
6 manner, and in order to prevent any violation of the provisions, terms, or
7 conditions of any gift, donation, deed, will, trust, or other instrument or
8 disposition by which property of any kind has been vested in a fund transferred
9 by this Section, or diversion from the purposes for which such property was
10 thus vested in any fund, it is hereby specifically provided that each such
11 instrument or disposition hereafter shall be deemed to have been vested in the
12 Consolidated Judicial Expense Fund for the Forty-First Judicial District to
13 which the fund is transferred in the same manner and to the same extent as if
14 originally so done.
15 E. The Consolidated Judicial Expense Fund for the Forty-First Judicial
16 District to which each fund is transferred shall be the successor in every way to
17 each fund transferred and from which functions are or may be merged and
18 consolidated, including all of the obligations and debts of each fund. In like
19 manner, all other dedications and allocations of revenues and sources of
20 revenues heretofore made, which are constitutional under the Constitution of
21 Louisiana of 1974, shall continue, until otherwise hereafter provided by the
22 constitution, in the same manner, to the same extent, and for the same purposes
23 as were provided prior to the enactment of this Section.
24 F. The provisions of this Section shall not be construed or applied in any
25 way which will prevent full compliance by the state, or any department, office,
26 or agency thereof, with the requirements of any Act of the Congress of the
27 United States or any regulation made thereunder by which federal aid or other
28 federal assistance has been or hereafter is made available to this state, or any
29 department, office, agency, or subdivision thereof, anything contained in this
30 Subpart to the contrary notwithstanding, and such compliance hereafter shall
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1 be insofar as such compliance affects any fund transferred in accordance with
2 the provisions of this Section.
3 G. Upon the transfer of each fund in accordance with this Section, any
4 pending or unfinished business of each such fund shall be taken over and be
5 completed by the Consolidated Judicial Expense Fund for the Forty-First
6 Judicial District with the same power and authority as that of the fund
7 transferred. The Consolidated Judicial Expense Fund shall be the successor in
8 every way to each fund, and every act done by the Consolidated Judicial
9 Expense Fund in the exercise of the functions of each shall be deemed to have
10 the same force and effect under any provisions of the constitution and laws in
11 effect on the effective date of this Section as if done by the fund transferred.
12 §996.63. Indigent transcript fund; reporter's fees
13 A. The additional cost of fourteen dollars may be taxed against every
14 nonindigent defendant who is convicted after trial or after a plea of guilty or
15 who forfeits his bond in connection with any other criminal offense.
16 B. All funds received under this Section shall be used to pay court
17 reporter fees for transcripts prepared for indigent defendants, including bills
18 of exceptions, trials, motions, hearings on writs, and all court proceedings.
19 C. The judges of the Forty-First Judicial District Court, sitting en banc,
20 may, by a majority vote of all members, authorize the payment of fees, to be
21 determined by the court, to the deputy court reporters for the transcription of
22 indigent defendant cases.
23 §996.64. Fees; fines; assessed, collected in Forty-First Judicial District Court
24 A. Any defendant, other than an indigent, who pleads guilty or is
25 convicted of an offense in the Forty-First Judicial District Court shall be
26 assessed a fee of not less than twenty-five dollars, such costs to be in addition to
27 any fine, clerk's fees, costs due to the Consolidated Judicial Expense Fund or
28 sentence imposed by the court.
29 B. Costs assessed against defendants pursuant to this Section collected
30 by the sheriff of the parish. All sums so collected shall be deposited in the
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1 Consolidated Judicial Expense Fund for the Forty-First Judicial District Court.
2 C. When any bail bond posted in the Forty-First Judicial District Court
3 guaranteeing the appearance of any defendant in any case in the district court
4 has been forfeited, said surety company and/or local agent and/or insurance
5 company for which said agent is writing bail bonds, shall be assessed costs not
6 more than twenty-five dollars. The forfeiture of any bond referred to
7 hereinabove shall not be set aside until the above costs have been paid, in
8 addition to the other legal requirements of law having been met for the setting
9 aside of the forfeiture. Costs assessed against surety companies pursuant to this
10 Section shall be collected and administered in the same manner as that set out
11 in Subsection B of this Section.
12 D.(1) In all nonindigent criminal cases over which the Forty-First
13 Judicial District Court has original, appellate, supervisory, or concurrent
14 jurisdiction, including traffic violations other than parking, there shall be taxed
15 as costs against every defendant who is convicted after trial or plea of guilty or
16 nolo contendere or who forfeits his bond the sum of five dollars, which shall be
17 in addition to all other fines, costs, or forfeitures lawfully imposed and which
18 shall be transmitted to the Consolidated Judicial Expense Fund.
19 (2) In addition to all other fines, costs, or forfeitures lawfully imposed
20 by this Section or any other provision, the court may impose an additional cost
21 against any defendant who has been finally convicted of a misdemeanor,
22 excluding traffic violations, or a felony. The additional costs authorized in this
23 Paragraph shall not exceed five hundred dollars in the case of a misdemeanor
24 nor exceed two thousand five hundred dollars in the case of a felony. All such
25 sums collected shall be transmitted to the Consolidated Judicial Expense Fund.
26 * * *
27 Section 3. R.S. 18:402(D) is hereby amended and reenacted to read as follows:
28 §402. Dates of primary and general elections
29 * * *
30 D. Parochial and municipal elections in a parish containing a municipality
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1 with a population of four hundred seventy-five thousand or more. Elections for
2 parochial and municipal officers in a parish containing a municipality with a
3 population of four hundred seventy-five thousand or more shall be held every four
4 years, beginning in 1986 2006.
5 (1) Except as otherwise provided in this Subsection, primary Primary
6 elections for parochial and municipal officers in a parish containing a municipality
7 with a population of four hundred seventy-five thousand or more shall be held on the
8 first Saturday in February of an election year.
9 (2) Except as otherwise provided in this Subsection, general General
10 elections for parochial and municipal officers in a parish containing a municipality
11 with a population of four hundred seventy-five thousand or more shall be held on the
12 fourth Saturday after the first Saturday in February of an election year.
13 (3) The primary and general elections for the offices of recorder of
14 mortgages and register of conveyances for the parish of Orleans shall be held at the
15 congressional elections set forth in Subsection B of this Section.
16 * * *
17 Section 4. R.S. 33:1500 is hereby enacted to read as follows:
18 §1500. Sheriff for parish of Orleans; election; term
19 A. There shall be one sheriff for the parish of Orleans, who shall be
20 elected by the qualified electors of the parish of Orleans. He shall be elected at
21 the election for parochial and municipal officers in Orleans Parish, shall serve
22 for a term of four years, and shall take office and begin his term on the first
23 Monday in May following his election.
24 B. When the sheriff provided for in Subsection A of this Section takes
25 office, the separate offices of the civil sheriff and the criminal sheriff for the
26 parish of Orleans shall be abolished, and the sheriff shall be the successor to
27 and exercise all of the functions, duties, and responsibilities of their respective
28 offices, which shall be merged and consolidated within the office of the sheriff
29 for the parish of Orleans.
30 C.(1) All books, papers, records, money, actions, and other property of
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1 every kind and description, movable and immovable, real and personal,
2 possessed, controlled, or used by the civil sheriff and the criminal sheriff shall
3 be transferred to the office of the sheriff.
4 (2) The sheriff shall have and shall exercise all of the powers, duties, and
5 functions of the civil sheriff of the parish of Orleans and the criminal sheriff of
6 the parish of Orleans. The sheriff shall provide for the ongoing merger and
7 consolidation of the offices of the civil and criminal sheriff within his office and
8 shall develop a plan for retaining, appointing, removing, assigning and
9 promoting such deputies and other personnel necessary for the efficient and
10 effective operation of his office. The sheriff shall complete the merger and
11 consolidation as soon as practicable after taking office. This plan shall include
12 detailed procedures for the realignment, distribution, assignment, consolidation,
13 and coordination of the powers, duties, functions, and responsibilities of each
14 office and also shall include procedures for the transfer and utilization of
15 positions, personnel, funds, office space, facilities, and equipment, including
16 relocation of facilities if deemed appropriate. The sheriff shall accomplish the
17 consolidation of the offices of the civil and criminal sheriff into his office with
18 the least possible disruption of services and the least possible expenditure of
19 public funds.
20 D. Whenever the civil sheriff of the parish of Orleans or the criminal
21 sheriff of the parish of Orleans is referred to or designated by law, rule, or
22 regulation on the date that those offices are abolished, such reference or
23 designation shall be deemed to apply to the sheriff of the parish of Orleans.
24 Section 5. R.S. 44:71 is hereby amended and reenacted and Chapter 2-A of Title 44
25 of the Louisiana Revised Statutes of 1950, comprised of R.S. 44:181 through 185, is hereby
26 enacted to read as follows:
27 CHAPTER 2. RECORDERS AND RECORDATION
28 PART I. RECORDERS
29 §71. Offices for recording mortgages and conveyances
30 A. There is established in each parish an office for the recording of
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1 mortgages and privileges and one for the recordation of conveyances and transfer of
2 immovables.
3 B. The clerks of the several district courts throughout the state, the parish of
4 Orleans excepted, are ex officio parish recorders of conveyances, mortgages, and
5 other acts.
6 C. In the parish of Orleans, the recording of mortgages and privileges is done
7 by the parish recorder of mortgages, and the recording of conveyances is done by the
8 parish register of conveyances.
9 * * *
10 CHAPTER 2-A. RECORDER AND RECORDATION: CERTAIN PARISHES
11 PART I. RECORDER, DEPUTIES, AND ARCHIVIST
12 §181. Clerk of court as recorder; duties
13 A. The clerk of court shall be the parish recorder of conveyances,
14 mortgages, and other acts, as provided by law, for and throughout the parish
15 of Orleans.
16 B. For purposes of this Chapter, the term "clerk of court" shall mean
17 the clerk of court of the Forty-First Judicial District Court. However, until
18 such time as the clerk of the Forty-First Judicial District Court has been elected
19 and takes office, the term "clerk of court" shall mean the clerk of the Civil
20 District Court for the parish of Orleans.
21 §181.1. Official seal
22 The parish recorder shall have an official seal, which shall be attached
23 to all acts, certificates, and other instruments, executed or granted by the clerk
24 of court.
25 §181.2. Deputy recorders
26 The clerk of court may appoint three deputies whose duties shall be the
27 same as that of the parish recorder. Each deputy shall take the oath of office
28 which the law prescribes for the recorder. Each deputy shall devote full-time
29 to the duties of his office and shall not engage in any other profession or hold
30 any other office.
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1 §181.3. Archivist
2 A. The clerk of court as the parish recorder shall employ a full-time
3 professional archivist to assist the clerk of court with the responsibilities of the
4 office and to ensure the adequate preservation of records and documents.
5 B. The archivist shall possess a baccalaureate degree in either history,
6 political science, philosophy, anthropology, historical geography, archeology,
7 French, Spanish, or fine arts, and have either:
8 (1) At least two years of professional level experience in historical
9 research or college level teaching in the above academic fields; or
10 (2) At least two years of experience in archival operations, records
11 management, records preservation, or other work involving locating, selecting,
12 acquiring, and preserving documents or other valuable papers and materials.
13 §181.4. Fees
14 The clerk of court as the parish recorder shall collect all charges and fees
15 which are in effect for the recordation of records and documents in the parish
16 of Orleans on January 1, 2009, and remitted in accordance with the existing
17 provisions of law. Any increase or decrease in fees shall be as provided by the
18 legislature.
19 §181.5. Separate account
20 A. A separate account is hereby established in the Consolidated Judicial
21 Expense Fund, and all sums collected or received by the clerk of court as parish
22 recorder, except as otherwise provided for the Archival Trust Fund, shall be
23 deposited in the separate account to be disbursed by the judges of the courts, en
24 banc, as provided in R.S. 13:1312.1.
25 B. Subject to the authority and approval of the judges of the courts, en
26 banc, as provided in R.S. 13:1312.1, the courts may authorize the expenditure
27 of funds connected with the administration or function of the recordation of
28 documents by the office of the clerk of court as the parish recorder, including
29 salaries, benefits, and pension contributions. The separate account shall be
30 audited annually, and a copy of the report furnished to the legislative auditor
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1 as provided by law, where it shall be available for public inspection, and with
2 the Joint Legislative Committee on the Budget. The audit report shall also be
3 published, at the sole expense of the clerk of court for the Forty-First Judicial
4 District Court, in the official journal of the parish of Orleans, no later than
5 January first of each year.
6 C. The administrator of the Consolidated Judicial Expense Fund,
7 designated by the judges of the courts having authority over the fund, beginning
8 in 2010, on or before July seventh, annually, shall submit to the clerk of court
9 a financial statement and accounting of all sums which have been deposited
10 therein by the clerk of court as parish recorder.
11 §181.6. Office; facilities
12 The city of New Orleans shall provide an office and other reasonable
13 facilities in the building in which the Civil Section of the Forty-First Judicial
14 District Court holds court or other quarters contiguous thereto which shall be
15 good and sufficient for the proper and efficient operation of the office of the
16 clerk as the parish recorder, including the installation and maintenance of an
17 appropriate fire protection and climate control system.
18 PART II. POWERS AND DUTIES OF PARISH RECORDER
19 §182. General powers
20 The clerk of court as the parish recorder shall have the same general
21 powers as provided in R.S. 44:101 for recorders throughout the state.
22 §182.1. Retention of powers
23 The clerk of court as the parish recorder shall be the successor to and
24 shall exercise all powers, duties, functions, and responsibilities of the offices of
25 the custodian of notarial records, the register of conveyances, and the recorder
26 of mortgages, consistent with the provisions of this Chapter.
27 §182.2. List of notaries
28 A. The clerk of court as the parish recorder shall keep an accurate
29 alphabetical list of all notaries public in and for the parish of Orleans, showing
30 their business and residence addresses and the expiration date of their bonds,
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1 if the notary is required by law to furnish a bond. The list shall be kept at all
2 times open to public inspection during his office hours, and he shall furnish the
3 secretary of state and the district attorney in and for the parish of Orleans,
4 annually on or before October first, a certified list of all notaries in and for the
5 parish of Orleans, showing the number of notaries and the number and names
6 of those who have ceased to be notaries, and the number and names of those
7 whose bonds have expired.
8 B. He shall diligently, by every means in his power, keep the list accurate
9 and up to date at all times, and shall immediately notify the governor and the
10 secretary of state of each vacancy caused by death, resignation, removal from
11 Orleans Parish, or any other cause, as soon as such facts are ascertained by him.
12 §182.3. Statement furnished parish recorder by notaries
13 Each notary shall, annually, before September first, furnish to the clerk
14 of court as the parish recorder a statement showing his office and residence
15 address, the date of his bond, if required by law, and the surety or sureties
16 thereon, and their addresses. Failure to furnish this statement shall be cause for
17 the revocation of the commission of the notary.
18 §182.4. Fee payable to parish recorder by notaries
19 Each notary shall pay an annual fee of twenty dollars, on or before
20 September first of each year, to the clerk of court as the parish recorder. The
21 fees collected by the clerk of court pursuant to this Section shall be deposited in
22 the Consolidated Judicial Expense Fund to be used by the clerk subject to
23 allocation by the committee provided in R.S. 13:996.62 for expenses and
24 maintenance of the recordation of historical and other archival documents.
25 §182.5. Testing sureties on bonds; new bond; forfeiture of commission for
26 failure to give
27 A. The clerk of court as the parish recorder may institute proceedings
28 by rule in the Forty-First Judicial District Court for the parish of Orleans, if he
29 deems it proper and necessary, without the payment of costs by the recorder,
30 on all notaries in the parish, who are required to furnish a notarial bond to test
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1 the surety on their official bonds.
2 B. If the surety on an official bond so tested is judicially declared not
3 good and solvent as required by law, the notary whose surety has been so
4 declared shall pay the costs of the rule. The notary shall be allowed thirty days
5 within which to give a new bond, and shall not be entitled to act as a notary,
6 until time as such good and solvent bond has been furnished. If the notary fails
7 to furnish such bond within thirty days, he shall forfeit his commission and shall
8 pay all costs which have been assessed against him in any proceeding filed by
9 the clerk of court as the parish recorder under the provisions of this Chapter.
10 C. Whenever the notary's commission is revoked for failure to comply
11 with the requirements of this Part, no judgment of any court reinstating the
12 notary, which is rendered after the expiration of thirty days as provided in
13 Subsection B of this Section, shall be valid.
14 §182.6. Proceedings by clerk of court against absent notaries
15 Should the proper official be unable to find any notary upon whom he
16 desires to make service of process in any cause brought by the clerk of court as
17 the parish recorder under the authority of this Chapter, the clerk of court shall
18 advertise such cause at least three times at intervals of not less than seven or
19 more than ten days, in the official journal of the parish of Orleans, and if no
20 appearance has been made by the defendant notary in the cause, the clerk of
21 court shall proceed against him as against an absent defendant, as provided by
22 law.
23 §182.7. Revocation of notary's commission for failure to furnish bond
24 Failure of any notary to furnish proper surety bond as required by law
25 shall be just cause for revocation of his notarial commission by a court of
26 proper jurisdiction.
27 §182.8. Notice by clerk of court of expiration date of bond
28 It is the duty of the clerk of court as the parish recorder to notify each
29 notary of the expiration date of his bond, if required by law to furnish bond,
30 within sixty and not less than thirty days of the date of expiration, but the
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1 failure of the clerk to give such notice shall not prevent the clerk from
2 proceeding to cancel the notary's commission as provided herein, nor shall it
3 relieve the notary of any duties prescribed by law.
4 §182.9. Rule to revoke notary's commission
5 Should any notary fail or refuse to pay the annual fee fixed by R.S.
6 44:182.4, or fail or refuse to furnish the information required, or fail to provide
7 the proper bond as required by law, the clerk of court as the parish recorder
8 shall promptly file a rule in the Forty-First Judicial District Court, or in any
9 other court of proper jurisdiction, to have the notary's commission revoked, and
10 the notary shall pay all costs of the proceeding. Those monies recovered or
11 received pursuant to this proceeding shall be deposited by the clerk of court in
12 the Consolidated Judicial Expense Fund.
13 §182.10. Misdemeanor to act after expiration of bond or after surety canceled
14 A notary who knowingly and willfully acts as such after the expiration
15 of his bond, or after the surety on his bond has been canceled as provided by
16 law, is guilty of a misdemeanor, punishable by a fine of not less than fifty dollars
17 nor more than five hundred dollars or by imprisonment for not less than ten
18 days nor more than six months.
19 §182.11. Annual budget; submission to enumerated entities
20 A. The clerk of court as the parish recorder shall prepare a detailed
21 annual budget of the office of the clerk of court at the end of its fiscal year and
22 submit a copy of that budget to the legislative auditor pursuant to R.S. 24:513
23 et seq., and to the Joint Legislative Committee on the Budget and shall publish
24 a copy, at his own expense, in the official journal of the parish of Orleans,
25 commencing January 1, 2009.
26 B. The clerk of court shall include in the annual budget adequate
27 provisions to ensure that there is systematic rebinding, page repair, and
28 microfilming of those notarial records created before July 29, 1970, and that the
29 office can provide professional supervision of the use of all volumes created
30 before the year 1900. The clerk of court shall allocate sufficient funds for the
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1 stabilization, preservation, and repair of plat plans, surveys, architectural
2 drawings, and other visual materials housed at the office, whether presently
3 attached to notarial acts or housed separately from notarial volumes.
4 PART III. RECORDS AND PRESERVATION
5 §183. Microfilm records; use; separate location; preservation of records
6 A. The clerk of court as the parish recorder may record acts by methods
7 of reproduction as provided in R.S. 44:115.
8 B. The original master negative of such microfilm or other photographic
9 reproduction may be used for preparing digital images which can be utilized in
10 lieu of the original document or record. Such microfilm or other photographic
11 reproduction shall be kept in safe and secure storage at a separate location from
12 the original records and documents filed with the clerk of court. The clerk of
13 court as the parish recorder may have working copies made of any of the
14 master negatives or other photographic reproductions and keep the working
15 copies on the premises of his offices to be used at his discretion in connection
16 with the preservation of fragile volumes. The clerk of court may substitute the
17 working copies for daily use of original volumes, so long as the original volumes
18 remain in the collection and are easily available for examination in cases where
19 the working copies are difficult to decipher.
20 C. The clerk of court as the parish recorder may make all such
21 reasonable rules and regulations relative to the use and preservation of
22 documents and volumes in the office as he deems necessary, but nothing in this
23 Section shall be construed to mean that the public will not have free access to
24 either original records or facsimiles thereof during all regular office hours, not
25 including extended office hours. The clerk of court, with the advice of the
26 archivist, shall make provisions for the preservation, management, repair, and
27 rehabilitation of any or all records in his custody, if he deems it necessary to
28 protect old, fragile, or damaged records from further damage or loss.
29 D. Such microfilm copy or other photographic reproduction shall be
30 deemed to be an original record for all purposes and shall be admissible in
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1 evidence in all courts or administrative agencies. A facsimile, exemplification,
2 or certified copy thereof shall for all purposes be deemed to be a transcript,
3 exemplification, or certified copy of the original.
4 E. Nothing in this Chapter shall in any manner be construed to permit
5 the destruction of any records presently in the possession of, or which may
6 hereafter come into the possession of the office of the clerk of court as the parish
7 recorder.
8 F. The clerk of court shall dedicate a specific portion of fees assessed and
9 collected by the parish recorder to microfilming, restoration, repair, and
10 preservation of records and deposit those fees in the Consolidated Judicial
11 Expense Fund.
12 PART IV. RECORDATION
13 §184. Applicability of other laws
14 All provisions of law providing for the registry and recordation of
15 instruments affecting immovable property, the recordation of conventional
16 mortgages, including a notice of security interest, and recordation of liens and
17 privileges on movables and immovables, not in conflict herewith, shall be
18 applicable to the clerk of court as parish recorder.
19 §184.1. Recordation of agreement
20 Any person, upon paying the fees otherwise fixed by law, may at any
21 time request that the agreement be filed and copied in full into the records and
22 the clerk of court as the parish recorder upon request also note in the margin
23 of the recorded copy of the declaration a reference to the place where the
24 agreement is recorded.
25 §184.2. Registry by notary of conveyances of immovables; penalty
26 It shall be the duty of the notaries in Orleans Parish to cause every deed
27 of sale, donation, or any other sort of conveyance of immovable property,
28 passed before them respectively, even when the parties shall agree to dispense
29 therewith, to be registered at the office of the clerk as the recorder for the
30 parish of Orleans, within forty-eight hours after the passage of the acts, and this
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1 under the penalty of a five hundred dollar fine, to be recovered before any court
2 of competent jurisdiction, for the use of the clerk's office, and also under the
3 penalty of being liable for all damages which the parties may suffer through the
4 neglect of the notary to register the acts.
5 PART V. BOOKS AND INDEXES
6 §185. Recordation books; indexes
7 The clerk of court as the parish recorder shall keep a book of
8 conveyances, a book of mortgages, and other recordation books as provided by
9 law. He shall keep indexes as required by law.
10 Section 6.(A) However, and except as expressly otherwise provided in this Act, the
11 term "clerk of court" as used in Sections 5 through 18 of this Act shall mean the clerk of the
12 Civil District Court for the parish of Orleans, until such time as the clerk of the Forty-First
13 Judicial District Court has been elected and takes office, after which time references to the
14 clerk of court shall mean the clerk of the Forty-First Judicial District Court.
15 (B) It is the intent of the legislature that the offices of the custodian of notarial
16 records, the recorder of mortgages, and the register of conveyances shall be abolished as
17 provided in this Act and merged and consolidated with the office of the clerk of the Civil
18 District Court for the parish of Orleans until the office of clerk of the Civil District Court for
19 the parish of Orleans is abolished as provided in this Act and the first clerk of the Forty-First
20 Judicial District Court is elected and takes office, at which time the offices transferred shall
21 be merged and consolidated with the office of the clerk of the Forty-First Judicial District
22 Court.
23 (C) It is the intent of the legislature that the consolidation of these offices should be
24 accomplished with the least possible disruption of services and the least possible expenditure
25 of public funds. The officials and employees participating in the effectuation of all of the
26 consolidations provided in this Act shall be charged with the responsibility for carrying out
27 this intent.
28 (D) The legislature further recognizes that the offices of the custodian of notarial
29 records, the register of conveyances, and the recorder of mortgages, referred to in this
30 Section as "the offices transferred to the clerk of court", have in their possession records and
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1 documents of significant historical value to the citizens of this state. It is the further intent
2 of the legislature that the offices transferred to the clerk of court and the office of the clerk
3 of court to which they are transferred and in which they are consolidated shall provide for
4 the efficient management and reproduction of all records, in order to ensure their integrity
5 and availability and shall provide for the preservation, repair, and restoration of records of
6 historical and archival value to ensure their use by all citizens and future generations.
7 Section 7.(A) The office of the clerk of court shall be the office of recordation for
8 all notarial acts, acts of conveyance or mortgage of movable and immovable property, and
9 other acts and instruments as provided in this Act.
10 (B) The office of the custodian of notarial records for the parish of Orleans shall be
11 transferred to the office of the clerk of court on January 1, 2009, and shall continue to
12 exercise all of the powers, duties, functions, and responsibilities as provided in R.S. 35:321
13 through 338 and as provided for in this Act until the office is abolished as provided in this
14 Act. On and after January 1, 2009, in any provision in which the custodian of notarial
15 records is referred to or designated by the constitution or by any statutory provision or
16 administrative rule, such provision, reference, or designation shall be applicable to and shall
17 be deemed to refer to the clerk of court as the parish recorder, as specifically set forth and
18 pursuant to the transfer provided in this Act.
19 (C) The office of the register of conveyances for the parish of Orleans shall be
21 exercise all of its powers, duties, functions, and responsibilities as provided in R.S. 44:201
22 through 207 and 268 and R.S. 9:2745 through 2756 and as provided for in this Act until the
23 office is abolished as provided in this Act. On and after January 1, 2009, in any provision
24 in which the register of conveyances is referred to or designated by the constitution or by any
25 statutory provision or administrative rule, such provision, reference, or designation shall be
26 applicable to and shall be deemed to refer to the clerk of court as the parish recorder, as
27 specifically set forth and pursuant to the transfer provided in this Act.
28 (D) The office of the recorder of mortgages for the parish of Orleans shall be
30 exercise all of the powers, duties, functions, and responsibilities as provided in R.S. 44:231
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1 through 268 and as provided for in this Act until the office is abolished as provided in this
2 Act. On and after January 1, 2009, in any provision in which the recorder of mortgages is
3 referred to or designated by the constitution or by any statutory provision or administrative
4 rule, such provision, reference, or designation shall be applicable to and shall be deemed to
5 refer to the clerk of court as the parish recorder, as specifically set forth and pursuant to the
6 transfer provided in this Act.
7 Section 8.(A)(1) Effective January 1, 2009, a separate account is hereby established
8 in the Consolidated Judicial Expense Fund for the Forty-First Judicial District, and all sums
9 collected or received by the custodian of notarial records, the register of conveyances, the
10 recorder of mortgages, and the clerk of court as parish recorder, except as otherwise
11 provided for the Consolidated Judicial Expense Fund, shall be deposited in the separate
12 account.
13 (2) The separate account established by this Act shall be used exclusively by the
14 clerk of court as the parish recorder for purposes connected with the administration or
15 function of the recordation of documents by the office of the clerk of court as the parish
16 recorder, including salaries, benefits, and pension contributions. The separate account shall
17 be audited annually, and a copy of the report furnished to the legislative auditor as provided
18 by law.
19 Section 9. The city of New Orleans shall continue to provide quarters for the conduct
20 of the functions of the offices transferred to the clerk of court as provided in this Act in the
21 city of New Orleans in the building in which the Civil Section of the Forty-First Judicial
22 District Court holds court or other quarters contiguous thereto which shall be good and
23 sufficient for the proper and efficient operation of the recordation of records and documents,
24 including the installation and maintenance of appropriate fire protection and climate control
25 systems.
26 Section 10.(A) The clerk of court, having consulted with the custodian of notarial
27 records, the register of conveyances, and the recorder of mortgages transferred by this Act,
28 shall develop a professional and efficient implementation plan for reorganization and
29 consolidation of such offices within the office of the clerk of court in accordance with the
30 provisions of this Act. This plan shall include detailed procedures for the realignment,
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1 distribution, assignment, consolidation, and coordination of the powers, duties, functions,
2 and responsibilities of each office and also shall include procedures for the transfer and
3 utilization of positions, personnel, funds, office space, facilities, and equipment, including
4 relocation of facilities if deemed appropriate. At the request of the clerk of court, the
5 officers shall compile the following information and any other information requested by the
6 clerk to be used in preparing the implementation plan:
7 (1) A complete list of all personnel, including salaries and job descriptions.
8 (2) A complete inventory of all furniture, fixtures, and equipment of every kind.
9 (3) Financial data and information.
10 (4) A summary of all floor space being utilized.
11 (B) The implementation plan shall specifically provide for the following:
12 (1) A plan for the microfilming or other photographic reproduction, preservation,
13 and conservation of all records and documents, including the dedication of a portion of fees
14 collected for this purpose.
15 (2) A personnel and management plan.
16 (3) A consolidated budget for the expenses of administration of the functions of the
17 clerk as parish recorder.
18 (C) The clerk shall complete the implementation plan and shall submit the plan to
19 the offices transferred to the clerk of court and to the Joint Legislative Committee on the
20 Budget no later than January 1, 2008.
21 (D)(1) On or before January 1, 2009, the office of the clerk of court shall provide
22 a central area, within the facilities of the clerk of court as provided in R.S. 44:181.6 as
23 enacted in this Act for the recordation and filing of all notarial acts of conveyance and
24 mortgage, all authentic acts, and other acts or instruments required to be filed for record in
25 the parish of Orleans.
26 (2) The office of the clerk of court shall develop and implement a plan for a
27 centralized system of indexing. The office shall provide indexes, both direct and inverse,
28 to all acts filed for record in the respective offices, which indexes shall contain, in
29 alphabetical order, references to the names of the parties to the acts, to the file number
30 assigned on recordation, to the day, month, and year, and to the book and page in which they
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1 are recorded.
2 Section 11. All books, papers, records, money, actions, and other property of every
3 kind and description, movable and immovable, real and personal, possessed, controlled, or
4 used by each office transferred to the clerk of court by this Act shall be transferred with each
5 office to the office of the clerk of court as the parish recorder and shall continue to be
6 controlled and used by each office so transferred until the respective office is abolished as
7 provided in this Act.
8 Section 12. The employees of the offices of the recorder of mortgages, the register
9 of conveyances, and the custodian of notarial records shall be transferred to the office of the
10 clerk of court and shall become employees of the clerk of court and be controlled by the
11 clerk and the office of the clerk on January 1, 2009, as provided by this Act. The employees
12 of the offices so transferred shall continue to be members of the retirement system to which
13 they were contributing on December 31, 2008. All new employees hired on or after January
14 1, 2009, shall become members of the Louisiana Clerks of Court Retirement and Relief Fund
15 and shall be eligible for participation in state group health and life insurance benefits.
16 Section 13. The legislature hereby specifically states that this Act is in no way and
17 to no extent intended to nor shall it be construed in any manner which will impair the
18 contractual or other obligations of any office transferred by this Act.
19 Section 14. This Act shall not be construed or applied in any way which will prevent
20 full compliance with the requirements of any Act of Congress of the United States or any
21 regulation made thereunder by which federal aid or other federal assistance has been or
22 hereafter is made available.
23 Section 15. Any legal proceeding to which any office transferred to the clerk of court
24 in accordance with the provisions of this Act is a party and which is filed, initiated, or
25 otherwise pending before any court on the effective date of such transfer, and all documents
26 involved in or affected by any such legal proceeding, shall retain their effectiveness and shall
27 be continued in the name of the office so transferred. All further legal proceedings and
28 documents in the continuation, disposition, and enforcement of said legal proceeding shall
29 be applicable to the office of clerk of court as the parish recorder without the necessity for
30 amendment of any document.
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1 Section 16. Wherever any office transferred hereby is referred to or designated by
2 the constitution or by any law or contract or other document, after the effective date of the
3 transfer of such office such reference or designation shall be deemed to apply to the office
4 of the clerk of court as the parish recorder.
5 Section 17. The office of the custodian of notarial records shall be abolished
6 effective January 1, 2009. The offices of the register of conveyances and the recorder of
7 mortgages shall be abolished effective January 1, 2009. No election shall be held to elect
8 anyone to fill either the office of register of conveyances or the office of recorder of
9 mortgages for any term which begins on or after January 1, 2009.
10 Section 18. The clerk of court as the recorder for the parish of Orleans shall be the
11 successor in every way to the offices of the custodian of notarial records, the register of
12 conveyances, and the recorder of mortgages upon the abolition of the respective office, and
13 every act done in the exercise of such functions by the clerk of court as the recorder for the
14 parish of Orleans shall be deemed to have the same force and effect under any provision of
15 the constitution and laws, as if done by the office of the custodian of notarial records, the
16 register of conveyances, or the recorder of mortgages, as the case may be.
17 Section 19.(A) R.S. 13:1031 through 1147, 1271 through 1312, 1335 through 1347,
18 and 1381.1 through 1400 are hereby repealed in their entirety effective on January 1, 2009.
19 (B) R.S. 13:1211 through 1212.1, 1371 through 1372, 1377, and 1381 are hereby
20 repealed in their entirety on the date that the clerk of the Forty-First Judicial District Court
21 takes office.
22 Section 20.(A) Part III of Chapter 5 of Title 35 of the Louisiana Revised Statutes of
23 1950, comprised of R.S. 35:321 through 338, is hereby repealed in its entirety effective on
24 January 1, 2009.
25 (B) R.S. 9:2745, R.S. 18:514(B), and Chapter 3 of Title 44 of the Louisiana Revised
26 Statutes of 1950, comprised of R.S. 44:201 through 268, are hereby repealed in their entirety
27 effective on January 1, 2009.
28 Section 21.(A) This Section, Sections 5 through 20, of this Act shall become
29 effective upon signature by the governor or, if not signed by the governor, upon expiration
30 of the time for bills to become law without signature by the governor, as provided by Article
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1 III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and
2 subsequently approved by the legislature, the provisions of this Section, Sections 5 through
3 20, of this Act shall become effective on the day following such approval.
4 (B) For purposes of qualification and election of one clerk of the Forty-First Judicial
5 District Court as provided therein, the provisions of R.S. 13:751.1(A)(1) as enacted by
6 Section 2 of this Act and the provisions of Section 19 of this Act shall become effective
7 upon signature by the governor or, if not signed by the governor, upon expiration of the time
8 for bills to become law without signature by the governor, as provided by Article III, Section
9 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved
10 by the legislature, such provisions shall become effective on the day following such
11 approval. The provisions of R.S. 13:751.1(A)(2), 751.2, 751.3, 759, 841.3, 846(A), and 901
12 of Section 2 of this Act shall become effective for all purposes when the clerk of court
13 elected in 2010 takes office.
14 (C) Section 2 of this Act shall become effective on January 1, 2009.
15 Section 22. Except as provided in Sections 21 and 28 of this Act, the provisions of
16 Section 2 of this Act shall become effective on January 1, 2009, except that the provisions
17 of R.S. 13:621.41 and 714.1 shall be effective for purposes of qualifying and election of
18 judges and magistrate of the Forty-First Judicial District Court to be held at the
19 congressional election to be held in 2008.
20 Section 23.(A) For purposes of qualifying and election to the office of sheriff at the
21 election of parochial and municipal officers in the parish of Orleans to be held in 2010, the
22 provisions of R.S. 33:1500(A) as enacted by Section 4 of this Act shall become effective
23 upon signature by the governor or, if not signed by the governor, upon expiration of the time
24 for bills to become law without signature by the governor, as provided by Article III, Section
25 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved
26 by the legislature, such provision shall become effective on the day following such approval.
27 (B) The election of one sheriff as provided in R.S. 33:1500 shall be implemented at
28 the election of parochial and municipal officers in the parish of Orleans is held in 2010. The
29 civil and criminal sheriffs elected at the election of parochial and municipal officers in the
30 parish of Orleans held in 2006 shall serve with all of their respective powers, duties, and
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1 functions that existed prior to the enactment of R.S. 33:1500 until the expiration of their term
2 and their successor is elected at the election of parochial and municipal officers in the parish
3 of Orleans held in 2010.
4 (C) Except for the provisions of R.S. 33:1500(A), the provisions of Section 4 shall
5 become effective on the date that the sheriff elected at the election of parochial and
6 municipal officers in the parish of Orleans in 2010 takes office.
7 (D) R.S. 33:1501.1 and 1519.1 are hereby repealed in their entirety effective on the
8 date that the sheriff elected in 2010 takes office.
9 Section 24. All fees and costs assessed or collected by the clerk of the Civil District
10 Court, clerk of the Criminal District Court, the civil sheriff, or the criminal sheriff for the
11 parish of Orleans in effect on the effective date of this Section are continued and shall be
12 assessed and collected in accordance with the provisions of law then in effect.
13 Section 25. The Louisiana State Law Institute is hereby directed to renumber and
14 rearrange any sections or parts of Sections of this Act and make any such changes to
15 references to other provisions of law consistent with the provisions of this Act. The
16 Louisiana State Law Institute is also directed to submit such recommendations on or before
17 March 1, 2007, as it deems necessary to clarify, modify, or repeal any of the provisions of
18 this Act or any other provision of law, including the elimination of antiquated provisions
19 consistent with the provisions of the Act.
20 Section 26. The Louisiana State Law Institute is directed to redesignate the
21 provisions of R.S. 13:1141 as R.S. 13:621.42.1 effective January 1, 2009.
22 Section 27. R.S. 13:621.44 through 621.46 are hereby enacted to read as follows:
23 §621.44. Abolition of Orleans Parish Juvenile Court; extension of terms of
24 office; jurisdiction; conferred on Forty-First Judicial District
25 Court; transfer of cases
26 A. The Orleans Parish Juvenile Court is abolished effective December
27 31, 2014. The terms of office of the judges of the juvenile court now in office
28 shall be extended until December 31, 2014. After the effective date of this
29 Section, no judge shall be elected to the Orleans Parish Juvenile Court except
30 to fill a vacancy and in such case the term of office shall expire on December 31,
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1 2008.
2 B. It is the express intent of this Section that the jurisdiction conferred
3 by law, particularly the Louisiana Children's Code, upon the Orleans Parish
4 Juvenile Court, shall be vested in the Forty-First Judicial District Court and
5 shall be the same as it exists on the effective date of this Section. All of its
6 powers, its duties, and its various departments or its personnel, except as herein
7 set forth and provided shall be vested in the Forty-First Judicial District Court
8 as provided in this Section and R.S. 13:621.45 and 621.46.
9 C. Effective January 1, 2015, all pending cases filed in the Orleans
10 Parish Juvenile Court are hereby transferred to the Forty-First Judicial District
11 Court for the parish of Orleans. All records and files of the Orleans Parish
12 Juvenile Court shall be transferred to the Forty-First Judicial District Court,
13 which shall hear and dispose of each such case with the same legal effect as if it
14 had been instituted in that court in the first instance.
15 §621.45. Forty-First Judicial District Court; initial judges; term of office;
16 election; juvenile section
17 A. There are hereby created six new additional judges of the Forty-First
18 Judicial District Court, to be designated as divisions "AA," "BB," "CC," "DD,"
19 "EE," and "FF," for purposes of election and nomination. The initial judges
20 shall be elected for a six-year term at the congressional election to be held in
21 2014, which shall commence on January 1, 2015, and end on December 31,
22 2020. Thereafter, the successors in office to these judges shall be elected for a
23 six-year term at the congressional election held in 2020 and every sixth year
24 thereafter.
25 B. The judges of the Forty-First Judicial District Court in office on
26 January 1, 2015, shall en banc create the Juvenile Section of that court. The
27 rule shall designate not less than six judges who shall be assigned all cases
28 involving juvenile matters over which the district court has jurisdiction.
29 §621.46. Implementing legislation
30 The legislature shall enact any such other legislation necessary to
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SB NO. 645 ENROLLED
1 effectuate the provisions transferring jurisdiction over juvenile matters to the
2 Forty-First Judicial District Court.
3 Section 28. This Section, Section 1, and the provisions of R.S. 13:996.62(A)(2)
4 through (4) as enacted by Section 2 of this Act, and Sections 22 through 27 and 29 of this
5 Act shall become effective upon signature by the governor or, if not signed by the governor,
6 upon expiration of the time for bills to become law without signature by the governor, as
7 provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the
8 governor and subsequently approved by the legislature, this Section, Section 1, and the
9 provisions of R.S. 13:996.62(A)(2) through (4) as enacted by Section 2 of this Act, and
10 Sections 23 through 27 of this Act shall become effective on the day following such
11 approval.
12 Section 29. The provisions of R.S. 13:621.41(I) as enacted by Section 2 of this Act
13 shall become effective upon signature by the governor or, if not signed by the governor,
14 upon expiration of the time for bills to become law without signature by the governor, as
15 provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the
16 governor and subsequently approved by the legislature, this Act shall become effective on
17 the day following such approval.
18 Section 30. The provisions of R.S. 13:751.4 and 841.3 of Section 2 of this Act shall
19 become effective upon signature by the governor or, if not signed by the governor, upon
20 expiration of the time for bills to become law without signature by the governor, as provided
21 by Article III, Section 18 of the Constitution of Louisiana. Until a single clerk for the
22 Forty-First Judicial District Court is elected, the clerk shall mean the clerk of the Civil
23 District Court and the clerk of the Criminal District Court. All fees and costs assessed or
24 collected by the clerk of the Civil District Court or the clerk of the Criminal District Court
25 for the parish of Orleans in effect on the effective date of this Section are continued and shall
26 be assessed and collected in accordance with these provisions. On or after January 1, 2009,
27 the sixty percent in R.S. 13:841.3 may be renegotiated by the clerk and chief judge of the
28 Forty-First Judicial District Court, but shall not be reduced below fifty percent of the civil
29 filing fees collected by the clerk.
30 Section 31. If a vacancy occurs in civil or criminal district courts, the office of the
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SB NO. 645 ENROLLED
1 clerk of the civil or criminal district courts, civil or criminal sheriffs, no special election shall
2 be held to fill the vacancy. In the case of the clerks of the civil and criminal district courts,
3 the chief deputy of either office shall fill the unexpired term.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Act 621

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Act 621

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Regular Session, 2006 ENROLLED

ACT No. 621

BY SENATOR MOUNT AND REPRESENTATIVE BRUNEAU AND COAUTHORED

18 to provide transitional provisions; to provide for continuation of retirement system

20 to recommendations of the Judicial Council; to direct the Louisiana State Law

21 Institute to change statutory references necessitated by this Act and to make

22 recommendations it deems necessary to clarify or modify its provisions, including

23 the elimination of antiquated provisions; to provide for effective dates; and to

24 provide for related matters.

25 Be it enacted by the Legislature of Louisiana:

27 should be effective, efficient, and economic administration of governmental services at all

4 in Article V of the Louisiana Constitution of 1974 are structured in a manner which is

24 Louisiana Constitution of 1974.

29 will ultimately provide financial stability for all of the courts.

24 established two centuries ago.

29 TITLE 13. COURTS AND JUDICIAL PROCEDURE

30 CHAPTER 1. JUDICIAL OFFICERS AND EMPLOYEES, IN GENERAL

1 PART I. GENERAL PROVISIONS

2 §1. Duties of the minute clerks of courts of Orleans parish Parish

9 shall perform such other duties as the judges may direct.

11 CHAPTER 4. DISTRICT COURTS ORLEANS PARISH EXCEPTED

12 PART I. GENERAL PROVISIONS

13 §471. Scope of Chapter 4

14 The Except as otherwise provided by law to the contrary, the general

19 §474. Registry of the district court; designation

23 contracts, or documents of any nature belonging to minors, interdicts, absentees, or

28 §474.1. Judicial depository

1 payment of any such deposited funds.

2 B. It shall be the duty of the judges to endeavor to receive interest on all

5 of the district court are hereby authorized to purchase certificates of deposit,

6 and/or other forms of certificates of indebtedness bearing interest, or they may

7 purchase short-term United States bonds, treasury notes, or certificates.

9 any certificates of deposit, certificates of indebtedness, or United States bonds,

10 treasury notes, or certificates, shall be distributed in the following manner:

11 (1) One-half of all interest so received, as received, shall be transferred

13 Forty-First Judicial District Court, in reimbursement and payment for the

14 services rendered in administering said "registry of the court" fund by the

16 (2) The ultimate recipient of any of said funds so deposited in the

18 calculated on the following basis, to wit:

21 certificates of deposit, certificates of indebtedness, United States government

23 disbursed were on deposit in the registry of the court.

28 (c) In determining the amount of such registry funds invested with

5 D. In the event it becomes necessary to disburse funds which have been

6 deposited in the registry of the Consolidated Judicial Expense Fund, in

13 character, using as collateral to secure any such loan an amount of bonds, or

14 certificates of deposit, or certificates of indebtedness in which funds have been

15 invested, and, if required so to do by any such lending agency, to execute any

16 note or other form of agreement to repay such loan.

18 §477. Judicial districts

20 excepted, and each district shall be composed as follows:

22 (41) Orleans Parish shall compose the Forty-First District.

24 §621.41. Forty-First Judicial District

25 A.(1) The Forty-First Judicial District Court shall have twenty-six

26 judges and one magistrate judge.

28 jurisdiction as the district courts throughout the state, as fixed by the

29 constitution, as provided in this Section, or as provided by law.

30 B.(1) The judges of the Forty-First Judicial District Court by rule

3 criminal section and certain divisions to a civil, domestic relations, or other

7 abolished and jurisdiction of that court is transferred to the Forty-First Judicial

9 (2) Notwithstanding any principal assignments to divisions, all divisions

10 of the court shall retain general jurisdiction to hear all matters.

11 C. The Forty-First Judicial District Court shall be composed of divisions

12 A through Z and the magistrate judge over the magistrate section.