2009 Louisiana Laws TITLE 13 Courts and judicial procedure :: RS 13:714.1 Magistrate section, forty-first judicial district; judge; election; salary; powers; jurisdiction

§714.1.  Magistrate Section, Forty-First Judicial District; judge; election; salary; powers; jurisdiction

A.  In addition to the judges provided for in R.S. 13:621.41(C), there shall be one additional judgeship who shall be assigned to the Magistrate Section of the Forty-First Judicial District Court, except as otherwise provided for in this Section.  The judge shall be known as the magistrate and shall preside over the Magistrate Section.  The magistrate shall receive the same salary, payable in the same manner, as the state pays to the other judges of the Forty-First Judicial District Court.  The magistrate shall be elected at the same time, shall take office at the same time, and shall serve for the same term of office as the other judges of the Forty-First Judicial District Court.  The magistrate shall be a member of the court sitting en banc.

B.  The magistrate shall have and possess all of the powers, duties, jurisdiction, rights, prerogatives, and qualifications as are now prescribed by the constitution and laws of this state relative to judges of the Forty-First Judicial District Court, except as provided herein.

C.  The magistrate shall have jurisdiction to act as committing magistrate in felony and misdemeanor charges and to hold preliminary examinations, with the authority to bail or discharge, or to hold for trial, in all cases before the Forty-First Judicial District Court, and shall have the power to adopt all necessary rules with respect thereto.

D.  The magistrate shall hear preliminary motions, conduct extradition hearings, accept pleas in misdemeanor cases, hear and render judgments in other matters, including misdemeanor cases, preliminary to the trial on the merits, conduct trials of misdemeanor cases, preside over jury trials of misdemeanor cases, and sign and issue search and arrest warrants upon probable cause being shown in accordance with law.  The magistrate shall have the right to appoint a court reporter, deputy court reporter, and minute clerk as provided by law, and the sheriff for the parish shall appoint a crier and deputy sheriff for the section of the court created herein as provided by law.

E.  The Forty-First Judicial District Court, including the magistrate of the Magistrate Section of said court, acting en banc, shall prescribe rules and procedures not inconsistent with the constitution and laws of this state to be followed in all matters to be presented before the Magistrate Section.

Acts 2006, No. 621, §2, eff. Jan. 1, 2009.

NOTE:  For purposes of qualifying and election, effective in 2008.  See Acts 2006, No. 621, §22.