2017 Louisiana Laws
Revised Statutes
TITLE 13 - Courts and Judicial Procedure
RS 13:2492 - Number of judges; qualifications; election; salary; vacation

Universal Citation: LA Rev Stat § 13:2492 (2017)

§2492. Number of judges; qualifications; election; salary; vacation

            A. The Municipal and Traffic Court of New Orleans shall consist of eight judges, all of whom must be attorneys-at-law, who shall be elected by the qualified electors of the parish of Orleans. They shall not be less than thirty years of age. Each 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.

            (1) Each of the eight judges shall preside over separate and distinct divisions of the court.

            (2) The divisions provided for in Paragraph (1) of this Subsection shall be designated alphabetically as Division "A", Division "B", Division "C", Division "D", Division "E", Division "F", Division "G", and Division "H".

            (3)(a) The judges presiding over Divisions A through D shall not engage in the practice of law nor share in the profits, directly or indirectly, of any law firm or legal corporation. The judges assigned to Divisions A through D shall receive a salary equal to a district judge but not more 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)(aa) Beginning at midnight on December 31, 2022, the judge presiding over Division E shall not engage in the practice of law nor share in the profits, directly or indirectly, of any law firm or legal corporation.

            (bb) Beginning at midnight on December 31, 2023, 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.

            (cc) Beginning at midnight on December 31, 2024, 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.

            (ii) Beginning on the applicable date as provided in Item (i) of this Subparagraph, a judge in Division E, F, and G shall receive a salary equal to a district judge but not more 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.

            (4) Effective on January 1, 2017, and thereafter, the following shall occur: the judge serving in Municipal Court Division A shall transfer to Division A of the Municipal and Traffic Court of New Orleans; the judge serving in Municipal Court Division B shall transfer to Division E of the Municipal and Traffic Court of New Orleans; the judge serving Division C of Municipal Court shall transfer to Division C of the Municipal and Traffic Court of New Orleans; the judge serving in Division D of Municipal Court shall transfer to Division F of the Municipal and Traffic Court of New Orleans; the judge serving Division A of Traffic Court shall transfer to Division H of the Municipal and Traffic Court of New Orleans; the judge serving in Division B of Traffic Court shall transfer to Division B of Municipal and Traffic Court of New Orleans; the judge serving in Division C of Traffic Court shall transfer to Division D of the Municipal and Traffic Court of New Orleans; and the judge serving in Division D of Traffic Court shall transfer to Division G of Municipal and Traffic Court of New Orleans.

            (5)(a) Effective at midnight on December 31, 2020, the judgeship created for Division H of the Municipal and Traffic Court of New Orleans shall be abolished. If a vacancy by death, resignation, retirement, or removal occurs in any other division of the Municipal and Traffic Court of New Orleans prior to December 31, 2020, the judgeship in that division shall be abolished instead of the judgeship in Division H.

            (b) Upon abolishment of the judgeship in Division H or the judgeship that becomes vacant by death, resignation, retirement or removal as provided by the provisions of this Section, all cases of the abolished section of court shall be reallotted equally by the clerk of court among the remaining sections of the court.

            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 shall receive a salary of not less than eighteen thousand dollars per annum, payable monthly by the city of New Orleans on his own warrant.

            D. 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.

            E. 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.

            F. 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 shall not engage in the practice of law or share in the profits, directly or indirectly, of any law firm or legal corporation. The administrative judge of the Municipal and Traffic Court of New Orleans shall possess the same qualifications that are required of district court judges and shall receive a salary equal to the salary paid, from all sources, to the district court judges in and for the parish of Orleans. The governing authority of Orleans Parish shall determine the salary paid to the administrative judge, 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.

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