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Rs 13:2501.1 Traffic Court Of New Orleans

NOTE: §2501.1 eff. until Jan. 1, 2017. See Acts 2014, No. 845, §2.

§2501.1. Traffic Court of New Orleans

A. There shall be a Traffic Court of New Orleans.

B. The Traffic Court of New Orleans shall consist of four judges, comprising Divisions A, B, C, and D. Judges elected to those divisions shall be elected by the qualified voters of Orleans Parish. One judge shall be elected to and shall preside over Division A. One judge shall be elected to and shall preside over Division B. One judge shall be elected to and shall preside over Division C. One judge shall be elected to and shall preside over Division D. Each such judge shall be not less than thirty years of age, a qualified elector of the parish of Orleans, and an attorney at law who has practiced in Louisiana for at least five years preceding his election.

C. The judges in office on September 12, 1975, shall continue in office until the expiration of their terms. Thereafter, the successors of each shall be elected at the congressional election preceding the expiration of the term and for terms of eight years. Their successors shall take office on the first day of January following their election, and every eight years thereafter.

D.(1) Whenever any of the judges are unable to preside due to temporary absence, continuing judicial education, illness, court business, or vacation, a judge ad hoc shall be appointed by the judges of the traffic court, acting en banc, to serve during the period of such absence.

(2) The judge ad hoc shall have the qualifications for election to the office and his compensation shall be proportionately equal to that of the judge for whom he is appointed to serve and shall be payable in the same manner and from the same source as that of such judge.

E. Each of said judges shall receive a salary in the same amount as provided for each of the judges of the Municipal Court of New Orleans, payable monthly by the city of New Orleans on his own warrant, or as may be augmented by the city of New Orleans or the state of Louisiana, or both.

F. The jurisdiction of this court shall extend to the trial of violations of the ordinances of the city of New Orleans regulating traffic within the city of New Orleans. The jurisdiction of the court shall further extend to the trial of offenses involving traffic and the regulation thereof punishable by state statute including violations of the Criminal Code of Louisiana involving traffic and the trial of violations relating to street and highway regulatory laws and such other state laws as relate to the operation of a vehicle. The jurisdiction over state traffic offenses shall be concurrent with the Criminal District Court for the Parish of Orleans. In addition, every prosecution in the Traffic Court of New Orleans under state law shall be filed in the court by affidavit or bill of information under the provision of state law defining the offense and such prosecution shall be brought by the city attorney of New Orleans. The jurisdiction of the court shall further extend to appeals by any person aggrieved by an administrative hearing officer's decision concerning a traffic violation enforced by the city of New Orleans' automated traffic enforcement system. Any aggrieved person shall file such appeal within thirty days after the date of such decision. The traffic court shall have de novo review over such appeals. The traffic court shall adopt rules regulating the manner of taking, hearing, and deciding such appeals. The traffic court shall have no other jurisdiction, and shall not have jurisdiction over the trial of any state offense that now or hereafter may require a trial by jury.

G. The court may adopt such rules and regulations governing the operation of the court as are necessary for the proper functioning of the court.

H. There shall be one clerk of the said court, who shall be appointed by the judges thereof and shall be subject to removal upon the concurrence of the judges of the court at will. The salary of the clerk shall be the same as that provided for the clerk of the Municipal Court of New Orleans. The judges of the court shall adopt such rules and regulations governing the functions, duties, operations and procedure of the clerk's office as are necessary.

I.(1) Each judge shall appoint his own minute clerk, stenographer, crier, court reporter, and such clerical, research, administrative or other personnel as he deems necessary to expedite the business and functions of the court.

(2) The salaries and all benefits of such personnel shall be paid by the city of New Orleans on the warrant of the judge making the appointment.

(3) The above appointees of the judge, or judges, of the court shall not be included in the civil service system and shall be considered, for all intents and purposes, as unclassified personnel of the court and shall be included in the unclassified pay plan of the city of New Orleans.

J. Repealed by Acts 2012, No. 731, §2.

K. The judges, en banc, may appoint a judicial administrator for the court, determine his powers and duties, and set his salary and benefits. The salary and benefits shall be paid by the city of New Orleans on the warrant of the chief judge. If the city fails to pay the salary and benefits, they may be paid from the judicial expense fund of the court.

L. The judge of the Traffic Court of New Orleans having the most seniority shall become the senior and 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 salary of the senior and administrative judge shall be the same as provided for state district court judges, payable monthly upon his own warrant, of which the amount payable by the state to the city judges of the state shall be paid by the state and the remainder shall be paid by the city of New Orleans. Should the senior judge decline the position of senior and administrative judge, then the next senior judge of the traffic court may assume the position.

M. Repealed by Acts 2011, No. 339, §2.

N. In all prosecutions in the Traffic Court of New Orleans, including all traffic violations other than parking, there shall be taxed as additional costs against every defendant who is convicted after trial or plea of guilty or nolo contendere or who forfeits his bond, a sum not to exceed thirty dollars, which shall be in addition to all other fines, costs, or forfeitures lawfully imposed and which shall be transmitted to the judicial expense fund of the Traffic Court of New Orleans to be used by the court to defray its expenses.

NOTE: §2501.1 as repealed by Acts 2014, No. 845, §2, eff. Jan. 1, 2017.

§2501.1. Repealed by Acts 2014, No. 845 , §2, eff. Jan. 1, 2017.

Added by Acts 1975, No. 127, §1. Amended by Acts 1979, No. 696, §1. Acts 1983, No. 176, §1, eff. June 24, 1983; Acts 1984, No. 668, §1; Acts 1985, No. 818, §1; Acts 1986, No. 665, §1; Acts 1987, No. 232, §1; Acts 1988, No. 884, §1; Acts 1993, No. 838, §1; Acts 2011, No. 4, §1; Acts 2011, No. 339, §2; Acts 2012, No. 312, §1; Acts 2012, No. 497, §1; Acts 2012, No. 731, §2; Acts 2014, No. 845, §2, eff. Jan. 1, 2017.

{{NOTE: See Acts 1988, No. 884, §2.}}

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Local Government
Louisiana
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
judge
orleans
traffic
regulation
judges
jurisdiction
trial
office
violations
offense