Constitution, Cost Hamper Central City Court

Rep. Lauren Ventrella (R-Central) succeeded in passing HB 636 to create a City Court for the City of Central out of the House Judiciary Committee last Friday, but the bill faces an uncertain future.

Rep. Ventrella and Central Police Chief Roger Corcoran presented the bill. It now goes to the House floor.

However, the Louisiana Constitution of 1974 and high costs could cause problems for the bill.

Article 5, Section 15 of the state constitution forbids the creation of any new judgeships unless they have parishwide jurisdiction.  

City courts in existence prior to 1974 were grandfathered in but the creation of new city court judgeships is prohibited. This was designed to prevent the proliferation of costly judgeships where the workload does not justify the expense.  At that time, legislators were creating many new judgeships often for their law partners or friends.  

Under the legislation, a City Court would be created in Central with a number of employees:

•An elected City Judge;

•A clerk of court;

•A city marshal, 

•Court reporters, and

•Such other employees as may be deemed necessary.

For years, some officials in Central have said a city court would help keep money in Central, but the bill’s fiscal note suggests otherwise:

• City officials in Central estimate the cost of the court at about $420,000 a year. The District Attorney estimates expenses of $222,000 to $253,000 a year.  The Public Defender estimates $67,000 a year.

• The City of Central estimates revenue of $150,000 to $230,000 a year.  The Sheriff’s office predicts loss of revenue of $101,000 to $123,000 a year.

Altogether, the fiscal note projects roughly $700,000 to $750,000 in expenses against income of $130,000 to $230,000, not counting the loss in revenue to the Sheriff’s office.

The court would have criminal jurisdiction over all offenses not punishable by hard labor and all violations of city ordinances.

It would have civil jurisdiction concurrent with the district court in disputes up to $50,000.

The legislation does not say who would prosecute criminal cases in the court or how that prosecutor would be chosen and paid.  However, the fiscal note on the bill anticipates the District Attorney would prosecute in the court.

The city judge would be paid a salary determined by the Central City Council.

Under the legislation, the Central police chief would serve as executive officer of the court and perform all the duties of a marshal.  It says that in making arrests and preserving the peace, he shall have the powers of a sheriff.

A city court judgeship is often considered a “plum” because the salary is usually close to those of district judges, but city court judges are also allowed to engage in the private practice of law.

The creation of a new judgeship is considered a “local bill,” which members of the legislature are loath to oppose.  Local bills typically fly through the legislature with little or no opposition.  The result under the old Constitution was a plethora of high-paying city and ward court judgeships with little actual work to do.

In the past, the Judicial Council required that no new judgeship be created unless it is projected to be in session at least 200 days a year.  Most city courts in smaller municipalities are open only a few days a month and cannot meet that requirement.

If the Central City Court proposal makes it through the legislative process, it could face a constitutional challenge to its existence under Article 5, Section 15.

At present, the 19th Judicial District and Justice of the Peace Mark Miley have jurisdiction over all matters arising in Central.

On Wednesday night, Rep. Ventrella said, “Revenue generated within the city limits of Central should be put toward improving and protecting our city whenever possible.  I have worked with our local officials in order to give them the option of establishing a city court, if they see fit. We’ll continue to work together in order to ensure Central is financially strong for years to come.”

EDITOR’S NOTE: It’s easy to follow what is happening at the Louisiana Legislature.  Just go to www.legis.la.gov.  You can see what’s on the agenda in the House and Senate and watch committee hearings and floor action live.