Terms Used In Louisiana Revised Statutes 13:61

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.

            A.(1) The Judicial Council of the Supreme Court of Louisiana shall adopt determinate standards and guidelines which shall be applied by the council in determining whether to approve the necessity of creating any new judgeship of the supreme court, courts of appeal, district courts, city courts, parish courts, juvenile courts, family courts, traffic courts, and municipal courts, including the creation of any new office of commissioner, magistrate, hearing officer, or any other judicial office by whatever other name designated.

            (2) The Judicial Council shall adopt determinate standards and guidelines which shall be applied by the council in determining whether to approve the necessity of splitting or merging any courts of appeal, district courts, city courts, parish courts, juvenile courts, family courts, traffic courts, and municipal courts.

            B.(1) Before a bill is acted upon by the legislature to create a new judgeship or office designated in Paragraph (A)(1) of this Section, a designee of the Judicial Council shall provide information to the appropriate standing committees of the House of Representatives or of the Senate as to approval of the council as to the necessity of creating the new judgeship or office of commissioner, magistrate, or hearing officer.

            (2) Before a bill is acted upon by the legislature to split or merge courts designated in Paragraph (A)(2) of this Section, a designee of the Judicial Council shall provide information to the appropriate standing committees of the House of Representatives or of the Senate as to approval of the council as to the necessity of splitting or merging the courts.

            C. The legislature shall not be required to act upon or enact legislation creating a new judgeship or office of commissioner, magistrate, or hearing officer even though the council has authorized the creation of the new office.

            D. The provisions of this Section shall not apply to justice of the peace courts, mayors’ courts, or administrative law judges employed by the Division of Administrative Law.

            E. The Judicial Council shall have the authority to conduct an annual review of judicial districts and appellate circuits and shall provide information and recommendations to the legislature on the appropriate number of district and appellate court judgeships within each district or circuit based upon caseload, population, or other pertinent factors, including the findings and recommendations of the Judicial Structure Task Force established by House Resolution No. 30 of the 2022 Regular Session of the Legislature. The recommendations may include proposed revisions to specific constitutional or statutory language addressing the number of such judges in each district or circuit, the need for district or circuit merger or other actions, and the filling of judicial office vacancies in such district or circuit.

            Acts 2003, No. 163, §1; Acts 2006, 1st Ex. Sess., No. 16, §1; Acts 2008, No. 621, §1; Acts 2022, No. 474, §1.