Louisiana Revised Statutes 13:721 – A. There are hereby created two offices of commissioner for the Twenty-Second Judicial District Court.
Terms Used In Louisiana Revised Statutes 13:721
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. There are hereby created two offices of commissioner for the Twenty-Second Judicial District Court.
B. The commissioners shall be selected by a majority of the judges of the Twenty-Second Judicial District and may be removed from office by a majority of those judges. There shall be no term of such office. Each commissioner shall serve at the pleasure of the court. Additionally, the commissioners may be subject to removal from office for any reason for which a district judge may be removed.
C. The commissioners shall have jurisdiction over criminal, civil, and domestic violence matters.
D. The provisions of this Section shall not affect or limit the jurisdiction of a district judge as provided by law.
E.(1) Subject to the other provisions of this Subsection, the commissioners shall have all of the powers as are enumerated below. The powers of the commissioners shall not be inconsistent with the constitution and laws of this state, the constitution and laws of the United States, or the rules of the Twenty-Second Judicial District Court. The commissioners shall perform such duties as are assigned by the Twenty-Second Judicial District Court, in accordance with the rules which shall be prescribed by the elected judges of the court.
(2) The powers of the commissioners when hearing criminal matters may include but shall not be limited to the power to:
(a) Administer oaths and affirmations.
(b) Take acknowledgments, affidavits, and depositions.
(c) Act on misdemeanor and felony charges through arraignment; however, the commissioners shall not accept guilty pleas.
(d) Fix bail.
(e) Review probable cause affidavits within forty-eight hours of warrantless arrests.
(f) Conduct seventy-two hour hearings.
(g) Sign waivers of extradition only upon the written consent of the defendant and the expressed waiver of the defendant’s right to have his extradition heard by a district court.
(h) Supervise defendants sentenced under the provisions of the specialty courts in accordance with the policies set down by the judges of the Twenty-Second Judicial District Court.
(i) Supervise all conditions of bail bonds.
(j) Supervise special conditions of protective orders, domestic violence, and any other probation conditions.
(k) Review and act on petitions for protective orders and matters of domestic violence, including the issuance of temporary orders of protection and temporary restraining orders, until such time as hearings may be conducted on the matters.
(l) Conduct hearings regarding protective orders and make recommendations to the appropriate district judge for the issuance of a preliminary or permanent injunction.
(3) The powers of the commissioners when hearing civil matters may include but shall not be limited to the power to:
(a) Administer oaths and affirmations.
(b) Take acknowledgments, affidavits, and depositions.
(c) Review and act on petitions for protective orders and matters of domestic violence, including the issuance of temporary orders of protection and temporary restraining orders, until such time as hearings may be conducted on the matters.
(d) Conduct hearings regarding protective orders and make recommendations to the appropriate district judge for the issuance of a preliminary or permanent injunction.
(e) Accept and review emergency cases and grant temporary ex parte orders pursuant to Code of Civil Procedure Article 3945, until such time as a hearing on a rule to show cause can be conducted.
F. The commissioners shall have the same authority as hearing officers, including but not limited to presiding over cases of domestic violence, child custody, and child support matters, as provided in La. Rev. Stat. 46:236.5.
G.(1) A litigant may object to a judgment or ruling of a commissioner and request a hearing before a district judge according to the procedure established by the Twenty-Second Judicial District Court Appendices to the Louisiana District Court Rules.
(2) A timely filed objection shall be heard by the district judge to whom the matter was originally allotted.
(3) The judge may decide the objection based on the record of the proceedings before the commissioner, receive further evidence and rule based on that evidence, or recommit the matter to the commissioner with instructions.
(4) If no objection is made within the time and manner established by court rules, the order shall become a final judgment of the court and shall be signed by the district judge assigned to the case.
Acts 2002, 1st Ex. Sess., No. 28, §1, eff. Aug. 16, 2002; Acts 2022, No. 291, §1.