02 February 2024 Final

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The complaint that the revenue produced by mayor’s courts helps to fund government operations is not unique to municipal courts. There is an ongoing dialogue about revamping funding sources for the entire judicial system in Louisiana for this very reason: the fines and port one defined threshold Thornton, Musso, &Bellemin as triggering the mandatory fees imposed by courts form appointment of a magistrate, I approve this ad copy for use in the following issues: the largest part of funding any 10% marker should LWR-R0018 only necessary for government to be considered as guidance perform many of its critical by individual municipalities functions. Prior attempts to that operate mayor’s courts. reconfigure judicial system funding have always failed or ended in a stalemate because no one has been able to define Index Listings a fairer and more practical plan. The concept that those who violate the law should fund the courts that their actions necessitate is at the foundation of every court in the state, so it is unfair to characterize it as a purely municipal issue. WATER TREATMENT CONSULTANTS There have been increasingly frequent references to a “10% rule” regarding mayor’s courts. Critics argue federal jurisprudence mandates that if more than 10% of a municipal operating budget is derived from violations prosecuted in mayor’s court, then a magistrate should be appointed to preside instead of the mayor. First, any guidance citing 10% does not stem from a U.S. Supreme Court case. Rather, there was one case in one U.S. District Court for the Eastern Division of the Northern District of the State of Ohio that referenced 10% as being persuasive in that case. As always, specific court findings hinge on specific case circumstances, and it is patently erroneous to assume that all relevant laws, facts, and circumstances are identical for Louisiana’s mayor’s courts as in Ohio. Within the world of Louisiana’s municipalities, there are different forms of charters, so there is diversity in operational landscapes among the 303 municipalities. As there has been no ruling from the U.S. Supreme Court to sup- Another misconception is that mayor’s courts only manage traffic violations. While those ordinance enforcement proceedings certainly comprise a large part of their dockets, mayor’s courts may also consider nuisance abatement measures, health and sanitary code enforcement, other public safety measures, and more. Municipal leaders possess intimate knowledge of their communities, so enforcement of municipal ordinances on the municipal 2018 Roster Edition Official Publication of the Louisiana Rural Water Association Authorized Signature: Date: Artwork Contact: level makes sense because of subject matter expertise. It is also fiscally efficient and responsible. Money Matters At a time when access to justice is a priority issue, mayor’s courts provide a much more economical option for Custom Water Treatment Programs Designed by Professionals Since 1990 POTAB ABLE WASTE WA ATER Ad Order # 1636839 Adv Code 179697 S. Rep: Jason Zawada (C) Naylor, LLC - Ga 5950 NW 1st Gainesville, Florid Tel:(800) 369-6220, (3 Fax: (352) 331 parties than other courts. For example, the court costs are limited to $30; or $50, if $10 of the extra amount is forwarded to the local indigent defender fund. Further, district courts already pronounce that their dockets are jam-packed, so imagine that every municipal ordi- Corrosion Inhibition Iron & Manganese Control Enhanced Disinfection NSF Certified EPA Approved Chlorine dioxide for Stage 2 compliance assurance DBP reduction Sludge Dewatering Polymers Dechlorination Technical Support/Service Testing FAX: (225)654-9533 P. O. Bory, Page 16 LMR | FEBRUARY 2024 707693_Thornton.indd 1 8/21/14 8:33 PM
nance violation had to be tried in a district court. The financial consequences to the judiciary would be massive. Not only would it cost other courts to absorb the matters that mayor’s courts currently manage, but mayor’s courts form an important part of a complicated matrix of funding for Louisiana’s judicial system as a whole. The revenue generated by mayor’s courts contributes to some very important judicial efforts. Here are a few: law enforcement officer training, trial court management information systems, the Louisiana Judicial College, crime stoppers organizations, crime victims reparations funds, indigent defender funds, traumatic head and spinal cord injuries services, disability affairs trust funds, litter abatement programs, the Louisiana Help Our Wildlife Fund, criminalistics laboratories, the Florida Parishes Juvenile Justice Commission, the Central Louisiana Juvenile Detention Center Authority, the Feliciana Juvenile Justice District, the Ware Youth Center Authority, and the North Louisiana Criminalists Laboratory Commission. Let’s Not Forget It is an obvious observation, but critics of mayor’s courts neglect to acknowledge that enforcing public safety ordinances starts as a law enforcement function. Neither mayors nor council members have any control over how many people violate traffic and other ordinances, nor how often. In small communities where children, the elderly, and disadvantaged citizens are most vulnerable because of the proximity of major throughways to pedestrian and recreational areas, the enforcement of public safety measures is especially important. In short, the perception that mayor’s courts victimize innocent members of the public is a mischaracterization. If no one violated public safety ordinances, there would be nothing to put on the court docket. Proactive Solutions Though the LMA has long focused on providing education and training for court personnel, Act 691 of the 2022 Regular Session (which the LMA supported) now requires that every mayor or magistrate that presides over a mayor’s court receive training within 90 days of assuming presiding status. The mayor or magistrate must also receive continuing education each year. The LMA has collaborated with the Louisiana Supreme Court, the Judicial College, and the Legislative Auditor’s Office to develop the training. It is linked through the LMA’s website and is accessible 24/7 at https://lajudicialcollege.org/ CLE-Seminars?p=2024MayorsLanding. We are mindful that smaller municipalities often lack the resources to retain separate prosecutors and magistrates, and we are certainly aware that many presiding mayors are highly skilled and eminently capable of presiding over mayor’s court. Because the needs and dynamics of each municipality are different, the purpose of this discussion is not to provide a single solution, but to encourage self-examination and, where possible, improvement to your mayor’s court systems. Because the solemn obligations of court presiders require fluency in Due Process rights and judicial operations, some mayors may prefer to request the appointment of a presiding magistrate for their court, especially in instances of a not-guilty plea or when a hearing or trial is required. Further, the appointment of a separate prosecutor may provide additional clarity in defining the roles of court officials. If a municipality appoints a magistrate and prosecutor, they should be paid a flat salary, one that is not dependent on convictions. Their salaries should not be so lucrative as to create a possible temptation to convict for job security, nor should the magistrate or the prosecutor have any input or authority on how the fines and fees collected by the court are spent. Such an arrangement has the benefit of addressing the complaints of inherent bias in situations where a municipality’s operating budget is comprised in large part by court operations. We encourage our members with mayor’s courts to collaborate with their municipal attorneys to develop operational rules and protocols that will safeguard against constitutional challenges, which in the long run, will preserve this vital enforcement tool. Whether at the Legislature or in other arenas, the LMA will continue to defend this longstanding institution and vigorously defend the integrity of mayor’s court officials. by Karen Day White LMA Executive Counsel White is a member of the LMA Legislative Advocacy Team and can be reached at kwhite@lma.org. LMR | FEBRUARY 2024 Page 17
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02 February 2024 Final

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