Terms Used In Louisiana Revised Statutes 13:2492

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

            A.(1) The Municipal and Traffic Court of New Orleans shall consist of eight judgeships through December 31, 2020. Thereafter it shall consist of seven judgeships.

            (2) Each judge shall be an attorney at law elected by the qualified electors of the parish of Orleans. Each judge shall not be less than thirty years of age. Each judge shall have practiced law in the state for at least eight years preceding his election and shall be domiciled in the parish of Orleans for at least two years prior to his election.

            (3) Each judge shall preside over a separate and distinct division of the court.

            (4) Through December 31, 2020, the divisions of the court shall be designated alphabetically as Division “A”, Division “B”, Division “C”, Division “D”, Division “E”, Division “F”, Division “G”, and Division “H”.

            (5) Division “H” and the judgeship for Division “H” shall be abolished December 31, 2020, effective at midnight. The other divisions shall remain unchanged as previously designated Divisions “A” through “G”.

            (6) A vacancy in Divisions “A” through “G” shall be filled by election to that division as provided in this Section.

            (7)(a)(i) Notwithstanding any other provision of the law to the contrary, the judges presiding over Divisions “A” through “E” shall not engage in the practice of law nor share in the profits, directly or indirectly, of any law firm or legal corporation, except any judge may serve as the attorney member of a medical review panel pursuant to La. Rev. Stat. 40:1231.8 or 1237.2.

            (ii) The judges assigned to Divisions “A” through “E” shall receive a salary equal to a district judge but not more than the salary paid, from all sources, to the district court judges in and for the parish of Orleans, of which the amount payable by the state to city judges of the state shall be paid by the state and the remainder shall be payable by the city of New Orleans. The salary shall be payable monthly by his own warrant.

            (b)(i) Beginning at midnight on December 31, 2023, notwithstanding any other provision of the law to the contrary, the judge presiding over Division “F” shall not engage in the practice of law nor share in the profits, directly or indirectly, of any law firm or legal corporation, except the judge may serve as the attorney member of a medical review panel pursuant to La. Rev. Stat. 40:1231.8 or 1237.2.

            (ii) He shall receive a salary equal to a district judge but not more than the salary paid, from all sources, to the district court judges in and for the parish of Orleans, of which the amount payable by the state to city judges of the state shall be paid by the state and the remainder shall be payable by the city of New Orleans. The salary shall be payable monthly by his own warrant.

            (c)(i) Beginning at midnight on December 31, 2030, notwithstanding any other provision of the law to the contrary, the judge presiding over Division “G” shall not engage in the practice of law nor share in the profits, directly or indirectly, of any law firm or legal corporation, except the judge may serve as the attorney member of a medical review panel pursuant to La. Rev. Stat. 40:1231.8 or 1237.2.

            (ii) He shall receive a salary equal to a district judge but not more than the salary paid, from all sources, to the district court judges in and for the parish of Orleans, of which the amount payable by the state to city judges of the state shall be paid by the state and the remainder shall be payable by the city of New Orleans. The salary shall be payable monthly by his own warrant.

            B. Each of the judges shall be elected for an eight-year term at the regular congressional election held immediately preceding the expiration of such term. Every term shall expire on December thirty-first of the last year thereof. Any vacancy in the court for any cause where the unexpired term is less than one year shall be filled temporarily by appointment by the Louisiana Supreme Court until the next succeeding congressional election, at which time such vacancy shall be filled for the remainder of the unexpired term by election. All judges so elected shall take their office on the first day of January following their election.

            C. Each of the judges of the Municipal and Traffic Court of New Orleans shall have annual vacation not to exceed thirty days, the time to be fixed by the rules of the court.

            D. Whenever any of the judges are temporarily absent because of court business, illness, or while on vacation, a judge ad hoc may be selected pursuant to the rules of the Louisiana Supreme Court to serve during the period of such temporary absence. The judge ad hoc shall have the qualifications for election to the office, and his compensation shall be determined by the judges en banc and shall be payable by the city of New Orleans pursuant to warrant of the judge who is temporarily absent.

            E. The judge of the Municipal and Traffic Court of New Orleans having the most seniority shall become the administrative judge during his tenure of office and, notwithstanding any other provision of law to the contrary, shall not engage in the practice of law or share in the profits, directly or indirectly, of any law firm or legal corporation, except the judge may serve as the attorney member on a medical review panel pursuant to La. Rev. Stat. 40:1231.8 or 1237.2. The administrative judge of the Municipal and Traffic Court of New Orleans shall possess the same qualifications that are required of district court judges. He shall receive a salary equal to a district judge but not more than the salary paid, from all sources, to the district court judges in and for the parish of Orleans, of which the amount payable by the state to city judges of the state shall be paid by the state and the remainder shall be payable by the city of New Orleans. The salary of the administrative judge shall be payable monthly on his own warrant. Should the senior judge decline the position of administrative judge, then the judges of the municipal and traffic court, sitting en banc, shall choose a judge to assume the position.

            Amended by Acts 1952, No. 176, §1; Acts 1954, No. 404, §1; Acts 1960, No. 91, §1; Acts 1971, No. 141, §1; Acts 1975, No. 757, §1; Acts 1989, No. 718, §1; Acts 1993, No. 838, §1; Acts 2011, No. 339, §1; Acts 2014, No. 845, §1, eff. Jan. 1, 2017; Acts 2016, No. 631, §1, eff. Jan. 1, 2017; Acts 2020, No. 37, §1, eff. June 4, 2020; Acts 2022, No. 162, §1.