Terms Used In Louisiana Children's Code 956

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

A.  A juvenile traffic referee shall have the authority including but not limited to the following:

(1)  To administer oaths.

(2)  To compel the attendance of witnesses and issue subpoenas.

(3)  To take testimony.

(4)  To make a record of the hearing.

B.  The referee’s exercise of control over traffic proceedings through punishment for contempt of court shall be limited to the following:

(1)  The referee may make a recommendation to any judge of the court exercising juvenile jurisdiction that the child be charged with a direct or constructive contempt of court, as otherwise governed by Chapter 2 of Title XV.

(2)  Failure to comply with a subpoena, without reasonable excuse, proof of service of which appears of record, constitutes a direct contempt of the court which issued the subpoena.  The referee may order the witness attached and brought to court forthwith or on a designated day.  If an order of attachment is issued, it may be executed in any parish by the sheriff of the parish from which the attachment was issued, or by the sheriff of the parish where the witness is found.

Acts 1991, No. 235, §9, eff. Jan. 1, 1992.