Could a Louisiana mayor's court put an ordinance defendant on probation?

Plain-English summary

Westwego's city attorney asked whether its mayor's court could use probation when sentencing a defendant. The Attorney General said a bill enacted during the 2001 legislative session had amended La. R.S. 33:441(A) to allow a mayor's court to suspend all or part of a sentence for a municipal ordinance violation and place the defendant on unsupervised probation.

The opinion identified a limit: the probationary period could not be longer than the maximum imprisonment authorized for the particular ordinance violation. Its answer concerned unsupervised probation in mayor's court for an ordinance offense.

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.

Common questions

Could the mayor's court suspend a sentence and use probation?
The AG said yes, for a violation of a municipal ordinance under the 2001 amendment he cited.

Was the probation supervised?
The statute as described in the opinion authorized unsupervised probation.

How long could it last under that amendment?
No longer than the maximum term of imprisonment for the particular ordinance violation.

Background and statutory framework

The AG traced the answer to 2001 La. Sess. Law Serv. Act 33 (H.B. 123), which amended La. R.S. 33:441(A). He applied the newly enacted authority to the mayor's court sentencing question.

Citations and references

• La. R.S. 33:441(A)
• 2001 La. Sess. Law Serv. Act 33 (H.B. 123)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0066

Original opinion text

July 16, 2001
Opinion 01-66

Mr. John J. Molaison, Jr.
City Attorney, City of Westwego
City Hall
419 Avenue A
Westwego, LA 70094

Dear Mr. Molaison:

In your request for an Attorney General’s opinion you posed the question of whether the Mayor’s Court for the City of Westwego has at its availability the option of probation for use in connection with sentencing.

My research has revealed that your question was answered during the current session of the Louisiana legislature. 2001 La. Sess. Law Serv. Act 33 (H.B. 123) amended La. R.S. 33:441(A). La. R.S. 33:441(A) now grants mayor’s courts the power to suspend the imposition or execution of the sentence in whole or in part and place a defendant on unsupervised probation for the violation of a municipal ordinance. However, the probationary period may not exceed the maximum penalty of imprisonment that may be imposed for violation of a particular ordinance.

I trust this addresses your concerns. Please, contact this office should you require further assistance. With warmest regards, I remain

Very Truly Yours,

RICHARD P. IEYOUB
Attorney General

By: _______
ELLISON C. TRAVIS
Assistant Attorney General

Page 2

Opinion #01-66

15 Courts

La. R.S. 33:441

Pursuant to a 2001 amendment to La. R.S. 33:441(A), Mayor’s courts now have the authority to grant probation for the violation of a municipal ordinance.

Mr. John J. Molaison, Jr.
City Attorney, City of Westwego
City Hall
419 Avenue A
Westwego, LA 70094

Date Received:
Date Released: July 16, 2001

ELLISON C. TRAVIS
ASSISTANT ATTORNEY GENERAL