A COURT OF LIMITED JURISDICTION - lma.org

A COURT OF LIMITED JURISDICTION

 Louisiana’s judicial system has three-tiers

◦ Appellate courts
◦ District courts
◦ Courts of limited jurisdiction

Lawrason Act
City Courts

 A legally constituted court
 Not a “court of record”
 Similar courts exist in other states
 Litigation on constitutionality of court

◦ Roles of mayor as chief executive and judge
◦ Ward vs. Monroeville, U.S. Supreme Court

 Mentioned in only a few laws
 Code of Criminal Procedure not directly

applicable but possible guidelines
 Attorney General Opinions
 Constitution

 Constitution
 State law
 Federal and state cases – non lawyer judge

 General – Municipal Ordinances
 Writs
 Peace Bonds
 Traffic Violations
 Probable Cause Determinations
 Arrest Warrants
 Summons

 Bail

◦ Bail different from fine

 Subpoena of Witnesses

 DWI
 Injunctions
 Home Incarceration
 Juvenile cases
 Worthless Checks
 Felonies

 Search Warrants
 Contempt of Court
 Civil Proceedings

 Authority as Presiding Officer of Court

◦ Try municipal ordinance violations
◦ Impose fine and imprisonment
◦ Impose court costs
◦ Request magistrate
◦ Request prosecutor
◦ Committing magistrate

 Immunity
 Liability
 Duties

◦ Keep a regular docket
◦ Keep a “perfect” record

 Salary
 Recusal
 Nolle Prosequi; Voiding Traffic Violations
 Remission of fines, forfeitures, and sentences

 Supervisory Jurisdiction of Supreme Court
 Code of Governmental Ethics
 Code of Judicial Conduct

◦ Uphold integrity and independence of judiciary
◦ Avoid impropriety and appearance of impropriety
◦ Perform duties impartially and diligently

 Committee on Judicial Ethics
 Code of Professionalism in the Courts

 Conduct court in fair, dignified, orderly way
 Confirm jurisdiction and authority
 Act in good faith
 Give reasons for decision
 Explain nature of proceedings
 Adopt formal rules
 Maintain records
 Communicate with other law enforcement

 Don’t forget your common sense

 Magistrate
 Mayor Pro-Tempore
 Chief of Police/Marshal
 Clerk of Court
 Prosecutor
 Public Defender
 Bailiff
 Animal Hearing Officer

 Use facility readily accessible to public
 Use elevated bench or separate table
 Allow all participants to hear and be heard
 Desks, tables, chairs for court personnel
 Collect fines in separate room
 Provide security

 Appropriate clothing by court personnel
 Persons appearing before court to be dressed

appropriately
 No extraneous talking during proceedings
 No foul or abusive language
 No smoking, eating, or other detracting action
 Address court personnel appropriately
 Court personnel treat all fairly and impartially
 No legal advice offered by court personnel

 What is “perfect record”?

◦ Charge – affidavit , citation, information, summons,
arrest warrant

◦ Docket information - witnesses
◦ Disposition and Sentence
◦ Copy of ordinance
◦ Traffic violation abstract

 General - $30
 Specific municipalities – more court cost by law
 Bench Warrant
 Crime Victims Reparations Fund
 Failure to Honor Promise to Appear
 Indigent Defender Fund – 5,000 population
 Law Enforcement Training
 Litter Violations

 Traffic Violations/Fee
 Trial Court Management Information System
 Traumatic Head & Spinal Cord Injuries Service
 Disability Affairs Trust Fund
 Off-duty Officer Witness Fees
 Florida Parishes Juvenile Justice Commission
 Northwest Louisiana Juvenile Center Authority
 North Louisiana Criminalistics Lab

Commission

 Criminalistics Laboratory Commission
 Crime Stoppers Organizations
 Mobility-Impaired Parking Violations
 Feliciana Juvenile Justice District
 Twenty-Fourth Judicial District
 Suspension of costs – except for crime

victims reparations fund, training local law
enforcement, crime stoppers organizations

 Speedy and Public Trial
 Impartial Trial
 Accused has opportunity to see, hear, and

question witnesses
 Accused has right to his/her witnesses
 Access to attorney – indigent – imprisonment

a possibility
 Double jeopardy

 Accused to be informed of charge/possible
penalty

 Self-incrimination
 Free and voluntary confession
 No excessive bail
 Right to judicial review
 Due process – beyond a reasonable doubt

 Open Meetings Law

 Instituting Prosecution

◦ Citation
◦ Affidavit
◦ Information
◦ Time Limits

 Bringing in the accused

◦ Summons
◦ Arrest Warrant

 Booking

 Bail

◦ Bail Order
◦ Bail Schedule
◦ Bail Type
◦ Appearance Bond Fee

 Arraignment

◦ Pleas
◦ Boykin statement

 Subpoena of Witnesses
 Trial

◦ Time Limitation
◦ Witnesses
◦ Presence of Defendant
◦ Judgment

 Sentencing

◦ Fines
◦ Fine Schedule
◦ Disposition of Fines
◦ Reconsideration of Sentence
◦ Suspension of Sentence
◦ Fines Collected in District Court
◦ Traffic Violation/Failure to Appear
◦ Probation

 Appeals

◦ to District Court
◦ De Novo review

 Payment of Fines, Fees, Forfeitures
 Collection of Fines