Did the Calcasieu sheriff receive a conviction fee for citations issued by state or city police?

Plain-English summary

The Sulphur City Court clerk asked whether the Calcasieu Parish Sheriff's Office received a fee under R.S. 33:1432(8) for every conviction, including cases initiated by state or city police. In 2001, the attorney general's office said the sheriff's fee applied only when the sheriff's office issued the original citation.

The office read the statutory fee as compensation for services actually performed by the sheriff. Its answer therefore tied the fee to the agency that issued the citation, rather than every conviction that reached city court.

Currency note

This opinion was issued in 2001. 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.

Sheriff and city court officials at the time

The office concluded that the sheriff was entitled to the cited fee for a city-court conviction only when the sheriff's office wrote the original citation.

Other law-enforcement agencies at the time

The question mentioned citations from state police and Sulphur city police. The opinion did not assign the sheriff's fee to the sheriff in those cases.

Common questions

Q: Did the sheriff get a fee on every city-court conviction?
A: No. The opinion limited the fee to convictions on original citations issued by the sheriff's office.

Q: Why did the office draw that line?
A: It said the legislature intended the fee to compensate services the sheriff's office actually rendered.

Background and statutory framework

R.S. 33:1432(8), as quoted in the opinion, allowed sheriffs fees in criminal matters when a person was convicted and ordered to pay costs. The office interpreted that provision by connecting the sheriff's fee to the sheriff's actual service of issuing the original citation.

Citations and references

• R.S. 33:1432(8) (sheriff fees in criminal matters)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0452

Original opinion text

March 28, 2001
OPINION 00-452

Honorable Dee Davis
107 Sheriffs
Clerk of Court
R.S. 33:1432(8)
City Court of Sulphur
Sheriff is entitled to receive his fee for those city court convictions in
which the sheriff’s office issued the original citation.
802 S. Huntington Street
Sulphur, LA 70663

Dear Ms. Davis:

You have requested this office to review the provisions of R.S. 33:1432(8) which pertinently provide:

1432. Fees in criminal matters

The compensation, fees and costs allowed sheriffs, the parish of Orleans excepted, for all services in criminal matters, shall be the following:

(8) Sheriffs are entitled to receive the same fees as fixed in civil matters when a person is convicted and condemned to pay costs, which in no event shall be less than five dollars.

Your question concerning R.S. 33:1432(8) is restated herein:

Is the Calcasieu Parish Sheriff entitled to receive a fee pursuant to this paragraph based on citations written by the Calcasieu Parish Sheriff’s office or does the sheriff’s office get a fee on all citations regardless if they are written by the Calcasieu Parish Sheriff’s office, the Louisiana State Police, or the Sulphur City Police?

It is the opinion of this office that the legislature intended the sheriff’s office to receive fees in connection with those services actually rendered by the sheriff’s office. Thus, regarding the correct interpretation of R.S. 33:1432(8) quoted above, the sheriff is entitled to receive his fee for those convictions in which the sheriff’s office issued the original citation.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 2

SYLLABUS

107 Sheriffs

R.S. 33:1432(8)

Sheriff is entitled to receive his fee for those city court convictions in which the sheriff’s office issued the original citation.

Honorable Dee Davis
Clerk of Court
City Court of Sulphur
802 S. Huntington Street
Sulphur, LA 70663

Date Received:
Date Released: March 28, 2001

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL