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Rs 13:3049 Cash Deposit; Bond; Duty To Attend; Compensation; Procedure; Filing Fees

§3049. Cash deposit; bond; duty to attend; compensation; procedure; filing fees

A. Every person selected and summoned shall attend as a juror or talesman

punctually and for the time for which he is selected. The district judge may enforce the

attendance of any juror by imposing a fine of not more than fifty dollars or by imprisonment

in the parish jail for not more than three days, or both, in his discretion, for each violation.

B.(1)(a) The jurors in criminal cases who attend may demand and receive from the

parish treasury compensation and an allowance for mileage necessarily traveled going to and

from the courthouse to be fixed by the district judges of each judicial district, sitting en banc,

subject to approval by the parish governing authority.

(b) The compensation shall be twenty-five dollars for each day of attendance in

court, and the mileage allowance shall be not less than sixteen cents per mile nor more than

the rate in effect for state officials.

(c) Only one charge shall be made for mileage each way.

(d) Notice of any intention to change juror compensation by the court shall be given

to the district attorney, the parish treasurer, and the clerk of court. No such change shall be

effective unless approved by the parish governing authority.

(e)(i) The compensation of jurors in criminal matters provided for by this Subsection

shall be paid from costs of court collected from every criminal defendant who is convicted

after trial or who pleads guilty or no contest, or who forfeits bond in each district or parish

court or in any court exercising juvenile jurisdiction, which shall be assessed as a part of the

costs of court to be collected in such cases. The judge or judges for the judicial district

wherein the parish, or city of New Orleans is situated shall adopt a schedule of costs that

shall be applicable in each criminal case before that court to which such costs are applicable.

All of such costs shall be placed, as they are collected, in a special fund that shall be

maintained and be administered by the governing authority and the governing authority shall

pay out of said fund the compensation for jurors in criminal matters herein provided for.

(ii) The judge or judges shall, as the needs of the special fund require, adjust the

schedule of costs to insure that the proceeds are adequate to fully pay the juror compensation

herein provided.

(iii)(aa) In the Sixteenth Judicial District, each parish governing authority may adopt

an ordinance which provides that surplus monies in the juror compensation fund in their

respective parish that exceeds fifty thousand dollars at the end of each calendar year may be

used to defray the costs of providing courthouse security and all expenses associated with the

trial of a capital case.

(bb) As used in this Item, "special fund" means the special fund provided for in this

Subparagraph, and "surplus monies" means the amount of money that is in each special fund

at the end of each calendar year and that is in excess of the total amount paid from costs of

court collected as provided in Item (i) of this Subparagraph in that calendar year. No money

obligated to be paid to any juror shall be considered surplus money pursuant to this Item.

(cc) For the purposes of this Item, the balance of fifty thousand dollars required to

be maintained in the juror compensation fund shall mean fifty thousand dollars in

unexpended and unencumbered funds, and under no circumstances shall the balance in the

fund be reduced below fifty thousand dollars as a result of an expenditure made under the

provisions of this Item.

(iv)(aa) In the First Judicial District, the parish governing authority may adopt an

ordinance which provides that surplus monies in the juror compensation fund in the parish

that exceeds fifty thousand dollars at the end of each calendar year may be used to defray the

costs of providing courthouse security and all expenses associated with the trial of a capital

case.

(bb) As used in this Item, "special fund" means the special fund provided for in this

Subparagraph, and "surplus monies" means the amount of money that is in the special fund

at the end of each calendar year and that is in excess of the total amount paid from costs of

court collected as provided in Item (i) of this Subparagraph in that calendar year. No money

obligated to be paid to any juror shall be considered surplus money pursuant to this Item.

(cc) For the purposes of this Item, the balance of fifty thousand dollars required to

be maintained in the juror compensation fund shall mean fifty thousand dollars in

unexpended and unencumbered funds, and under no circumstances shall the balance in the

fund be reduced below fifty thousand dollars as a result of an expenditure made under the

provisions of this Item.

(v)(aa) Notwithstanding any provisions to the contrary, all surplus monies in the

special fund of each parish within the Twenty-First Judicial District at the end of each

calendar year shall be transmitted by the governing authority of each parish to the Twenty-First Judicial District Court for deposit into the court's criminal court fund.

(bb) As used in this Item, "special fund" means the special fund provided for in this

Subparagraph, and "surplus monies" means the amount of money that is in each special fund

at the end of each calendar year and that is in excess of the total amount paid for jury fees in

that calendar year. No money obligated to be paid to any juror as a fee or cost for attendance

for jury duty shall be considered surplus money pursuant to this Item.

(cc) All surplus monies shall be transferred pursuant to this Item no later than

January thirty-first of each calendar year. All surplus monies transferred to the Twenty-First

Judicial District Court's criminal court fund may be used for the same purposes as the

existing funds in the criminal court fund.

(vi)(aa) In the Thirty-Ninth Judicial District, the parish governing authority may

adopt an ordinance which provides that surplus monies in the juror compensation fund that

exceed fifty thousand dollars at the end of each calendar year may be used to defray the

expenses of the criminal court system. Notwithstanding any provision of law to the contrary,

all surplus monies in the special fund at the end of each calendar year shall be transmitted

by the governing authority to the Thirty-Ninth Judicial District Court for deposit into the

court's criminal court fund no later than January thirty-first of each calendar year.

(bb) As used in this Item, "special fund" means the special fund provided for in this

Subparagraph, and "surplus monies" means the amount of money that is in each special fund

at the end of each calendar year and that is in excess of the total amount paid from costs of

court collected as provided in Item (i) of this Subparagraph in that calendar year. No money

obligated to be paid to any juror shall be considered surplus money pursuant to this Item.

(cc) For the purposes of this Item, the balance of fifty thousand dollars required to

be maintained in the juror compensation fund shall mean fifty thousand dollars in

unexpended and unencumbered funds, and under no circumstances shall the balance in the

fund be reduced below fifty thousand dollars as a result of an expenditure made under the

provisions of this Item.

(2)(a) Except as provided by special law, the jurors in civil cases who attend may

demand and receive twenty-five dollars for each day of attendance in court and sixteen cents

for each mile necessarily traveled in going to and returning from the courthouse. Only one

charge shall be made for mileage each way. At the time of posting bond, the party praying

for the jury shall pay to the clerk of court the sum of one hundred fifty dollars as jury filing

fees. In addition, prior to the commencement of the trial, the party praying for the jury shall

post a bond pursuant to Code of Civil Procedure Article 1734 or deposit the amount ordered

by the court pursuant to Code of Civil Procedure Article 1734.1. If the trial exceeds the

estimated number of days, the party praying for the jury shall post an additional bond or

make an additional deposit as ordered by the court. However, no party praying for a jury trial

under the provisions of this Subsection shall be required to pay any costs or advance deposit

imposed under the provisions of this Subsection if such has been waived or an order is

rendered, pursuant to Chapter 5 of Title I of Book IX of the Code of Civil Procedure,

permitting the applicant to litigate or continue to litigate without payment of such costs or

furnishing security therefor.

(b) The clerk of court shall collect the deposits required herein. This amount shall

be expended solely for the expenses of civil juries.

(c) The judge before whom a case is to be tried by a jury shall have the right to waive

the depositing of such security for jury costs entirely or in part, upon proper showing to his

satisfaction that the party praying for such trial by jury is financially unable to deposit such

sum. The judge may also determine whether such deposit for jury costs shall be deposited

in whole prior to the commencement of trial or by partial payments at intervals during the

progress of the trial should such party be financially able to provide such deposit.

(d) Any deposit made as herein provided shall be returned to the party making such

deposit and any bond filed shall be cancelled in the event that the matter in which trial by

jury has been requested has been tried, settled, determined, or otherwise disposed of for any

reason, without having been tried by a jury.

(e) Any juror who is called and actually reports for jury service shall be paid his

compensation, mileage allowance, and other costs, by the clerk of court out of the funds on

deposit upon completion of his duty to attend. If the jury costs exceed the amount on

deposit, or if the judge has waived the deposit, or if a bond was posted, the deficiency shall

be paid out of any judicial expense fund or, in parishes comprising the Fifth, Sixth, and

Seventh Judicial Districts and in parishes where no judicial expense fund exists, the

deficiency shall be paid out of the parish treasury. The administrator of the judicial expense

fund, the clerk of court or the parish shall have the right to seek recovery of such amount

immediately from the party or parties cast in judgment, or from the surety on any bond

furnished for jury costs, notwithstanding that the judgment may be suspensively appealed or

that the bond was furnished by a party not cast in judgment. With respect to those courts in

the parish of Orleans, such recovery shall only be done within one year after the closure date

of the case.

C. Grand jurors in criminal cases are entitled to the same mileage and compensation

for each day's attendance at sessions of the grand jury as that allowed petit jurors in the same

judicial district. The several clerks of the district court, upon demand by each such juror at

the close of his term of service, shall issue to him a certificate of attendance, countersigned

by the district judge, for the amount to which he is entitled. The district judge may direct the

payment of the accrued mileage and per diem of grand jurors at any time during the term of

service as grand jurors.

Acts 1950, No. 133, §1; Acts 1956, No. 97, §1; Acts 1960, No. 26, §1; Acts 1979,

No. 632, §1; Acts 1984, No. 441, §1; Acts 1987, No. 937, §1; Acts 1988, No. 431, §1; Acts

1989, No. 307, §3; Acts 1990, No. 327, §1; Acts 1991, No. 128, §1; Acts 2003, No. 1031,

§1; Acts 2004, No. 840, §1; Acts 2005, No. 302, §1; Acts 2012, No. 722, §1; Acts 2014, No.

30, §1; Acts 2016, No. 233, §1.

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Local Government
Louisiana
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6
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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
end
juror
parish
fund
cost
compensation
jury
costs
case
trial