Could Sulphur City Court charge its judicial building fund fee when someone files a small-claims case?

Plain-English summary

Sulphur City Court's clerk asked whether the judicial building fund charge could be collected in small-claims suits. In Opinion 03-0372, the AG answered yes. La. R.S. 13:1910 allowed the court to impose a service charge of no more than $10 per filing in cases within its jurisdiction, and small claims were within Sulphur City Court's jurisdiction.

The statute used "may," so the opinion established the court's authority to charge the fee; it did not say every filing had to be charged.

Currency note

This opinion is dated November 14, 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

City court clerk

The clerk could collect a judicial building fund service charge in small-claims filings. The opinion's reasoning was the statute's "all cases" jurisdiction language, not a separate small-claims fee provision.

People filing small claims

A small-claims case was not exempt from this fee merely because it used the small-claims process. The opinion identified a maximum of $10 per filing under the quoted statute.

Common questions

Could Sulphur City Court add this charge to a small-claims filing?

Yes. Small claims fell within the city court's jurisdiction, which was the statute's test.

Was the court required to charge $10?

No such requirement appears in the opinion. It said the court may impose a charge not exceeding $10 per filing.

Did the opinion set any other small-claims fees?

No. It addressed only the judicial building fund charge in La. R.S. 13:1910.

Background and statutory framework

La. R.S. 13:1910 permitted a judicial building fund service charge in cases over which a city court had jurisdiction. The AG applied that language to Sulphur City Court's small-claims jurisdiction.

Citations and references

• La. R.S. 13:1910: judicial building fund service charge.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0372

Original opinion text

One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIL DIVISION
TEL.: (225) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. IEYOUB
7O804-9005
ATTORNEY GENERAL

NOV 1 4 Z003
Opinion Number 03-0372

15 Courts
Honorable Dee Davis
La. R.S. 13:1910

Clerk of Court
City Court of Sulphur may impose judicial
City Court of Sulphur
building fund charge in small claims suits.
802 S. Huntington Street
Sulphur, LA 70663

Dear Ms. Davis:

You question if the judicial building fund as set forth in La. R.S. 13:1910 applies to small claims suits. The judicial building fund statute provides that the court may impose a service charge not to exceed $10 per filing in all cases over which the city court has jurisdiction. The City Court of Sulphur has jurisdiction over small claims suits; therefore, you may collect the judicial building fund fee in small claims suits.

With kindest regards,

Yours very truly,

RICHARD P. IEYOUB
Attorney General

BY:
TINA VICARI GRANT
Assistant Attorney General

RPI/TVG/dam