Could West Monroe City Court move old, unclaimed civil-fee money into its operating fund?

Plain-English summary

West Monroe City Court had more than $55,000 in a civil fee and cost account left from a prior judge's administration. The clerk could not identify the source of the money or determine whether any part was refundable. The Attorney General said the judge could transfer the surplus to the court's general operational fund if it had remained unclaimed for five years or more.

The conclusion rested on a statute written for West Monroe City Court's civil-fee surplus. The opinion did not determine whether the particular funds had already met the five-year condition; it made the transfer contingent on that fact.

Currency note

This opinion was issued in 2002. 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 court use money left in its civil-fee account?
Under the statute the AG applied, the judge could transfer surplus filing fees and costs to the court's general operational fund after they remained unclaimed for at least five years.

Did the AG find that this account had already been unclaimed for five years?
No. The answer expressly assumed that the surplus had remained unclaimed for the required period.

Did the statute change fees payable to the judge?
The quoted statute said it did not affect payment of civil fees to which the judge was entitled under the separate provision it cited.

Background and statutory framework

La. R.S. 13:2089.5 addressed a surplus of filing fees and costs in West Monroe City Court's civil fee account. The statute authorized a transfer after five unclaimed years and reserved the judge's existing fee entitlement. The available extract has a damaged date line, so this record leaves the exact issue date blank.

Citations and references

• La. R.S. 13:2089.5
• R.S. 13:1874(A), cited in the statute quoted by the opinion

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0219

Original opinion text

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DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
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P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
FAX: (225) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL
SEP 0 ~ 2002
Opinion Number 02-0219

15
Courts
90-A-1 Public Funds & Contracts
La. R.S. 13:2089.5
Ms. Charlene Crocker, Clerk of Court
City Court of West Monroe, Ward 5
Surplus funds in civil account of City Court of West Monroe,
2303 North 7th Street
Ward 5 may be transferred to the general operational fund of
the court if the funds remain unclaimed for 5 or more years.
West Monroe, LA 71291

Dear Ms. Crocker:

We received your request for an opinion on behalf of the City Court of West Monroe, Ward 5 regarding surplus funds in a civil account. The funds, totaling over $55,000.00, were left over from a prior judge’s administration. The account is a civil fee and cost account and it is our understanding, based upon the information in your request, that you cannot determine the source of these funds and thus cannot determine if any of the funds are refundable. You question what, if anything, you may do with these funds.

La. R.S. 13:2089.5 provides as follows:

In the instance in which a surplus of filing fees and costs has accumulated in the city court of West Monroe city’s civil fee account and the surplus has remained unclaimed for a period of five years or more, the judge of the court may transfer the amount of the surplus to the general operational fund of the court. This Section shall not affect the payment of civil fees to which the judge is entitled pursuant to R.S. 13:1874(A).

In light of the above referenced statute, it is our opinion that the surplus funds at issue, assuming they remain unclaimed for a period of five years or more, may be transferred to the general operational fund of the court.

We trust that this adequately responds to your request. If you have any questions or need additional information, please do not hesitate to contact our office.

With kindest regards,

Yours very truly,

RICHARD P. IEYOUB
Attorney General

BY:
TINA VICARI GRANT
Assistant Attorney General
RPI/TVG/dam