Could a Louisiana village resume its mayor's court after decades without holding a session?

Plain-English summary

Pioneer's mayor said the village had held only one mayor's court session, in 1974, and asked whether it could begin holding court again or needed new legislation. The attorney general's office concluded in 2000 that Pioneer's mayor's court could be reactivated.

The opinion quoted Louisiana court decisions on mayor's court jurisdiction and the constitutional continuation of those courts. It then cited an earlier attorney general opinion for its conclusion that Pioneer's mayor's court could be reactivated.

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.

Village mayors at the time

The opinion said Pioneer could resume mayor's court sessions. It did not require the village to seek special legislation solely because it had not regularly used the court.

Municipal officials at the time

The office described mayor's courts as courts with jurisdiction over breaches of municipal ordinances. Its answer addressed the village's existing court, not the creation of a different court.

Court administrators at the time

The opinion treated the court's long period without sessions as compatible with reactivation. It did not set out staffing or hearing procedures for restarting operations.

Common questions

Q: Did Pioneer need a new law to hold mayor's court again?
A: The 2000 opinion said the existing mayor's court could be reactivated.

Q: Did decades without a regular session end the court's existence?
A: The opinion said no for Pioneer. The mayor reported only one prior session, in 1974, and the office still concluded the court could resume.

Q: What cases did the opinion say a mayor's court could hear?
A: It described jurisdiction over violations of municipal ordinances under the statute it quoted.

Background and statutory framework

The office cited La. R.S. 33:441 on the jurisdiction of a mayor's court and Article V, Section 20 of the Louisiana Constitution on the continuation of existing mayor's courts. It also quoted Louisiana Supreme Court decisions discussing these courts and followed an earlier attorney general conclusion that a mayor's court could be reactivated.

Citations and references

• La. R.S. 33:441 (mayor's court jurisdiction)
• Article V, Section 20 of the Louisiana Constitution (continuation provision quoted in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0228

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

July 19, 2000
OPINION 00-228

Mr. Harold Sandidge
Mayor, Village of Pioneer
P.O. Box 153
Pioneer, LA 71266

Dear Mayor Sandidge:

This office is in receipt of your request for an opinion of the Attorney General in regard to establishment of a Mayor's Court. You indicate that to your knowledge there has only been one session of Mayor's Court in Pioneer which was held on April 29, 1974. You ask whether the Village of Pioneer can now begin holding Mayor's court, or must you seek legislation to permit such sessions to be held.

The observations of the Louisiana Supreme Court in Sledge v. McGlathery, 324 So. 2d 354 (La. 1976) are pertinent to your inquiry wherein it was stated as follows:

La. R.S. 33:441 sets out the jurisdiction of the Mayor's Court:

"Except as provided in Chapter 7 of Title 13, there shall be a major's court in the municipality, with jurisdiction over all violations of municipal ordinances. The mayor may try all breaches of the ordinances and impose fines or imprisonment, or both, provided for the infraction thereof."

These courts remain in existence today pursuant to Article V, Section 20 of the Louisiana Constitution which provides in pertinent part that "Mayors' courts ... existing on the effective date of this constitution are continued, subject to change by law.

In connection with this latter statement the court stated by footnote, "At this date, the legislature has not curtailed the jurisdiction of the Mayors' court of the state."

In State v. Foy, 401 So. 2d 948 (La.1981), the Louisiana Supreme Court again found that R.S. 33:441 provides for the establishment of Mayor's Courts in municipalities "with jurisdiction over all violations of Municipal ordinances", and quoted the Sledge case, supra, that "Mayor's courts are courts which have jurisdiction to conduct trials, determine guilt, and impose sentences including fines and imprisonment for breach of municipal

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Harold Sandidge, Mayor
OPINION 00-228
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ordinances."

As concluded by this office in Atty. Gen. Op. No. 94-610, we believe the Mayor's Court "may be reactivated."

We hope this sufficiently answers your question.

Sincerely yours,

RICHARD P. IEYOUB
Attorney General

By:_________
BARBARA B. RUTLEDGE
Assistant Attorney General

RPI/bbr

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Harold Sandidge, Mayor
OPINION 00-228
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OPINION 00-228

15 - Courts
77 - Officers - Local & Municipal

R.S. 33:441

The Mayor’s court in the Village of Pioneer may be reactivated.

Mr. Harold Sandidge
Mayor, Village of Pioneer
P.O. Box 153
Pioneer, LA 71266

Date Received:
Date Released: July 19, 2000

BARBARA B. RUTLEDGE
Assistant Attorney General