Can a Louisiana justice of the peace require a constable to attend court and withhold constable fees?

Plain-English summary

A St. Tammany Parish justice of the peace asked six questions about constables' attendance, court fees, and litter cases. In Opinion 03-0042, the Louisiana Attorney General said the ward constable did not need to be formally served with a summons to appear. A justice of the peace could require that constable to attend court and, in the circumstances described, use contempt for failure to comply. The opinion also said the justice could not compel a constable from another ward or parish to appear.

The opinion treated the constable's share of court collections as money for the office, not an automatic personal payment: fifty percent of fees and deposits had to be used for its fees and operating expenses, while the justice chose the method of disbursement. For litter violations, the constable could issue summonses and serve subpoenas, but the justice imposed any penalty. The AG said a constable who failed to perform duties without one of the stated exceptions might face a malfeasance charge.

Currency note

This opinion was issued in 2003. 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.

What the opinion meant at issuance

Justices of the peace

The AG read the statutes as requiring use of the ward's constable or deputy constable for civil process whenever possible. He said no statute specified formal service of a summons on that constable for court attendance. He described a court's power to require attendance and punish interference with its proceedings, while drawing a ward boundary for compelling constables from elsewhere.

Constables

The opinion recognized inability or refusal to act because of relationship, sickness, or other causes in civil suits. It said a justice could appoint a special deputy or use the sheriff's office in that situation. It also said nonperformance outside the named exceptions could lead to a malfeasance charge. Its fee discussion assigned half of collected fees and deposits to constable-office expenses.

Common questions

Q: Did the ward constable need a formal summons to appear in justice court? A: The AG said no. He reasoned that the ward constable ordinarily serves the court's process and would otherwise have to serve himself.

Q: Could a justice of the peace hold a constable in contempt for missing court? A: The opinion said the justice could require the ward constable to attend and could hold the constable in contempt for failing to comply with that requirement. It did not set a general notice period.

Q: Was half of every court fee paid directly to the constable? A: The AG said fifty percent of fees and deposits had to be used for fees and operational expenses of the constable's office. He left the disbursement method to the justice of the peace.

Q: Who decided the penalty in a litter case?
A: The constable could issue summonses and serve subpoenas, while the justice of the peace alone had authority to impose a penalty.

Q: Could a justice compel a constable from another ward or parish to attend? A: No. The opinion said the justice lacked that authority.

Background and statutory framework

The AG relied on La. R.S. 13:3478 for use of ward constables in civil process and La. R.S. 13:3477 for substitutes when a constable could not act. He cited La. R.S. 14:134 on possible malfeasance, La. R. S. 13:2590(B) for office funding, and La. R.S. 13:2586(C)(2) for litter jurisdiction. The source's date stamp is OCR-damaged, so the exact issue date is left blank.

Citations and references

Authorities in the opinion: La. R.S. 13:3478; La. R.S. 13:3477; La. R.S. 14:134; La. R. S. 13:2590(B); La. R.S. 13:2586(C)(2). The opinion also cited a Louisiana Supreme Court case for the limits of a justice's power outside the ward; its case citation is damaged in the source extract and is omitted here.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0042

Original opinion text

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

OEeAR~EN~ OF Jusr,CE
OFFICE OF THE ATTORNEY GENERAL
RICHARD P. IEYOUB
430 FANNIN ST.
A’rFORNEY GENERAL
ROOM 309
TELEPHONE: (318) 227-3790
71101-5537
FAX: (318) 226-7144

OCT 0 1
OPINION NO. 03-0042

I.a.R.S. 13:3411
La. R.S. 15:3477
La. R.S. 14:134
Honorable Connie G. Moore
,- R.S.
Justice of the Peace
La. R.8.13:288~(C(2)
I.a.C.Cr.PJBt. 17
Ward 3, St. Tammany Parish
P. O. Box 1133, Wilson Road
Covington, LA 70434

Dear Ms. Moore:

Your request for an Attorney General’s opinion has l~cn fon~,arded to me for research and reply. Specifically, you ask the following questions:

1. In order for a constable to appear in justice of the peace court does the court need to serve the constable with a summons?

2. ff proper notice is not given to a constable for a court appearance can a justice of the peace hold the constable in contempt of court or have charges filed against him for malfeasance for failing to appear?.

3. When should a constable receive half of the court costs which are collected by the justice of the peace as court fees?

4. If a constable investigates a littering complaint and decides on a particular course of action but the justice of the peace takes another course of action, what is the constable to do?

5. Should a constable appear at all court cases his/her justice of the peace is holding? What happens if the constable is unable to appear due to job conflicts? Is it mandatory for a constable to appear for all court cases he/she has served for his justice of the peace?

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Honorable Connie G. Moore
OPINION NO. 03-0042
Page - 2 -

6. Can a justice of the peace in a particular ward compel a constable from another ward to appear in court? What about from another parish?

With regard to the first question, La. R.S. 13:3478 states in pertinent part, "the justice of the peace should use constables in his or her ward for all matters, including service of process, rather than the sheriff." If the constable is to be used for all process serving, common sense dictates that a constable cannot be required to be served with a summons to appear in justice of the peace court since the constable would have to serve himself.

The answer to your second question is also answered by using common sense along with statutory provisions. According to La. R.S. 13:3478, the justice of the peace must use constables or deputy constables for the ward in which they are elected or appointed whenever possible to execute all orders, citations, summons, seizures and writs in civil cases. There is no provision for actual service of process for the constable to receive notice to appear in court and there is no definition of what is proper notice for a constable.

According to La. R.S. 13:3477, the inability or refusal of a constable to act may be because of relationship, sickness or other causes in civil suits. This provision allows the justice of the peace to appoint a special deputy constable or to utilize the sheriff’s office to serve papers. If the constable at issue will not perform these duties and his nonperformance does not fall within one of the named exceptions, the constable may be charged with malfeasance in office: See La. R.S. 14:134.

With regard to your third question, La. R. S. 13:2590(B) requires that fifty percent of fees and deposits be used for fees and operational expenses of the constable’s office. What device the justice of the peace uses to disburse these monies is left to his determination. Whatever the manner used, the sum of disbursement must equal fifty percent of the total fees collected for all filings and services.

Your fourth question is answered by La. R.S. 13:2586(C)(2) which gives the justice of the peace concurrent jurisdiction with the distdct court over litter violations and allows for a trial for a violation of a litter ordinance to be in a justice of the peace court. The constable is given the authority to issue summons and serve subpoenas for these violations, but only the justice of the peace is given the authority to impose a penalty.

In your t’rfth question you ask if a constable can be required to attend justice of the peace court. The answer to this question is "yes.~ You are directed to La. C.Cr.P.Art. 17 which states that a court possesses inherently all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders. A court, including a justice of the peace court, has the power to punish anyone, including a constable, for contempt if he or

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Honorable Connie G. Moore
OPINION NO. 03-0042
Page - 3 -

she interferes with the court’s duty to conduct proceedings with dignity and in an orderly and expeditious manner. Therefore, if the justice of the peace requires the constable to attend, he may be held in contempt if he does not comply.

The answer to your last question is "no". According to the Louisiana Supreme Court in New York Press Co. v. Salter, 129 La. 51, 55, So. 706 (La. 1911):

A justice of the peace whose jurisdiction is, in general, confined within the limits of a particular ward of a parish has no authority to compel a person residing in another ward to appear and testify before him.., and cannot lawfully punish such person for contempt for refusing so to testify.

T’nerefore, a justice of the peace has no power to compel a constable from another ward or parish to appear in his court.

We trust this sufficiently answers all of your questions. However, if you should need anything further, do not hesitate to contact this office

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
FRANCES J. PITI~AN
ASSISTANT ATTORNEY GENERAL

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