A COURT OF LIMITED JURISDICTION

Louisiana’s judicial system has three-tiers◦ Appellate courts

◦ District courts

◦ Courts of limited jurisdiction

Lawrason Act Municipalities◦ City Courts

◦ Mayor’s Courts

A legally constituted court

Not a “court of record”

Similar courts exist in other states

Constitutionality of 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 – Violations of Municipal Ordinances

Writs

Peace Bonds

Traffic Violations

Probable Cause Determinations

Arrest Warrants

Summons

Bail◦ Purpose

◦ Not the fine

Subpoena of Witnesses

Title 14 violations

DWI

Injunctions

Home Incarceration

Juvenile cases

Worthless Checks

Felonies

Search Warrants

Contempt of Court

Civil Proceedings◦ Animal Hearings – Kenner

◦ Utility Accounts – Westlake – enforce collection of open account for any public utility serviced provided property located in town.

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

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 or authorized ordinance

Failure to Honor Promise to Appear

Traffic Violations – Fee for abstract

Bench Warrant

Off-duty Officer Witness fees

Crime Stoppers Organizations

Fee for accessible parking violations

Crime Victims Reparations Fund

Indigent Defender Fund – 5,000 population

Law Enforcement Officer Training

Litter Violations

Trial Court Management Information System

Traumatic Head/Spinal Cord Injuries Services

Disability Affairs Trust Fund

Florida Parishes Juvenile Justice Commission

North Louisiana Criminalistics Lab Commission

Criminalistics Laboratory Commission

Central Lousiana Juvenile Dentention Center Authority

Feliciana Juvenile Justice District

Ware Youth Center Authority

Suspension of costs – except for crime victims reparations fund, training local law enforcement, crime stoppers organizations, however, must also suspend local general costs

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

Not Subject to 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◦ Inform Accused of Charged Offense/Possible Penalty◦ Pleas

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

“Mayor’s Court Handbook” on LMA website

“Mayor’s Court FAQs” on the Legislative Auditor website (under Legal and Operations of Government)

“Traffic Citation FAQs” on the Legislative Auditor website (under Legal and Operations of Government)