Did Louisiana's 1999 victims-rights act apply to city courts as well as district courts?

Plain-English summary

The clerk of Houma City Court asked whether Act 783 of the 1999 legislative session applied only to district courts or also to limited-jurisdiction courts. The AG concluded that the Act's references to “court” included courts with criminal jurisdiction, such as city courts. It excluded mayor's courts and justices of the peace under the Code of Criminal Procedure definition it quoted.

The opinion treated “judicial agency” as a different term with its own stated meaning in the Act, referring to district-court officers and other named agencies. That distinction meant the answer depended on which term a particular provision used.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did Act 783 cover Louisiana city courts?
Yes, for provisions using “court.” The AG read that term to include city courts with criminal jurisdiction.

Were mayor's courts included in the Act's definition of “court”?
No. The Code of Criminal Procedure definition quoted by the AG excluded mayor's courts and justices of the peace.

Did “judicial agency” mean exactly the same thing as “court”?
No. The opinion distinguished the Act's separately defined “judicial agency,” which referred to district-court officers and other named bodies.

Was the Act limited to district courts?
The AG said its use of “court” was broader than district courts and covered criminal-jurisdiction courts as defined in Article 931.

Background and statutory framework

Act 783 of 1999 amended provisions concerning victims and witnesses. The AG relied on Article 931 of the Louisiana Code of Criminal Procedure, which defined “court” for the Code and expressly excluded a mayor's court and justice of the peace. It did not treat the separate “judicial agency” language as expanding or narrowing that definition.

Citations and references

• Act 783 of the 1999 Legislative Session: victims-and-witnesses legislation at issue.
• Article 931 of the Louisiana Code of Criminal Procedure: definitions of court and city court.
• R.S. 46:1842 and 1844: provisions the opinion said Act 783 amended.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0212

Original opinion text

August 28. 2000
OPINION 00-212

OPINION 00-212
Honorable Ernest J. duBois 15 COURTS
Clerk of City Court of Houma
ACT 783 OF 1999 LEGISLATIVE SESSSION
7887 Main Street
We conclude that the term “courts” as used in the
Houma, LA 70360
Act refers to all courts excluding the mayor’s court
and justices of the peace. While “judicial agency refers to the district court and officers thereof…” Dear Mr. duBois:

This office is in receipt of your opinion request of May 9, 2000, wherein you asked whether Act 783 pertains strictly to the operations of District Courts, or does it also include the operations of courts of limited jurisdiction such as City Courts, etc.?

Article 931 of the Louisiana Code of Criminal Procedure will govern our response to the aforementioned question. Contained within this article is the meaning of the word “court” when used in the Code of Criminal Procedure.

Art. 931 Courts, judges, and magistrates

(1) ‘court’ means a court with criminal jurisdiction or its judge.
It does not include the mayor’s court or a justice of the peace.
(2) ‘city court’ means a city, town, village, or other municipal court, with criminal jurisdiction. It does not include a mayor’s court or a justice of the peace.
(3) ‘Judge’ means a judge of a court, as defined in this article.
(4) ‘Magistrate’ means any judge, a justice of the peace, or a mayor of a mayor’s court.

Act 783 amended and reenacted R.S. 46:1842 and 1844, Code of Evidence Art. 615(A), and Code of Criminal Procedure Art. 877 (A), 886(A), and 905.2(A). Act 783 also enacted Code of Criminal Procedure Art. 883.2. The purpose of such amendment is to provide basic rights of victims and witnesses. This act did not change the context in which the word “court” is used throughout the Code of Criminal Procedure.

It is our opinion that the legislative intent was not to limit the course of action to the district courts exclusively, but to allow a victim rights within all courts, as defined in article 931 of the Code of Criminal procedure, excluding mayor’s court

Page 2

Honorable Ernest J. duBois
OPINION 00-212
Page 2

and justices of the peace. Furthermore, where the act refers to “judicial agency” it has given a clear meaning that it applies to the “district courts and officers thereof, including the judge, the prosecutor, and the clerk of court, the Crime Victims Reparations Board, and the Department of Public Safety and Corrections, and the Division of Probation and Parole.”

For this reason we conclude that the term “court” as used in the Act refers to all courts excluding the mayor’s court and justices of the peace. While “judicial agency refers to the district court and officers thereof…”

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

By:___
JIMMY WHITE
ASSISTANT ATTORNEY GENERAL

Page 3

OPINION 00-212

15 COURTS

ACT 783 OF 1999 LEGISLATIVE SESSSION

We conclude that the term “courts” as used in the Act refers to all courts excluding the mayor’s court and justices of the peace. While “judicial agency refers to the district court and officers thereof…”

Honorable Ernest J. duBois
Clerk of City Court of Houma
7887 Main Street
Houma, LA 70360

Date Received :
Date Released : August 28, 2000

Jimmy White
Assistant Attorney General

Page 4

REVIEW SHEET

DATE: August 7, 2000

REPORT OF THE CRIMINAL DIVISION OPINION REVIEW COMMITTEE

We have reviewed the attached opinion number 00-212 on the
day of
, 2000, and find that this opinion is acceptable and
ready for release, with the following exceptions, comments and/or recommendations, to-wit:

____ ____
JULLIE CULLEN DATE
JIMMY D. WHITE, JR. DATE
DIRECTOR, CRIMINAL DIVISION ASSISTANT ATTORNEY GENERAL

_________
MARY E. HUNLEY DATE
SECTION CHIEF

_________
ELLISON TRAVIS DATE
ASSISTANT ATTORNEY GENERAL

PLEASE INITIAL IF APPROPRIATE FOR PUBLICATION

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