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Who paid a Louisiana off-duty police officer's witness fee for appearing in a mayor's court?

Short answer No one was responsible under the statute the AG reviewed. La. R.S. 15:255 authorized off-duty officer witness fees in listed district, parish, juvenile, and city courts, but had no comparable authorization for mayor's court.
State
Louisiana
Opinion
La. Atty. Gen. Op. 05-0305
Issued
October 6, 2005
Issued by
Office of the Louisiana Attorney General
Requested by
Honorable Robert R. Faucheux, Jr., State Representative, District 57
Source
View official page

Apply this to your situation

This page answers the general question as of 2005. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.

Disclaimer: This is an official Louisiana Attorney General opinion. AG opinions are advisory; they inform Louisiana officials but are not binding precedent like a court ruling. This summary is informational and is not legal advice. Consult a licensed Louisiana attorney before relying on the opinion for a specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.
View original AG opinion (official page)

Plain-English summary

A state representative asked who had to pay witness fees to off-duty police officers appearing in a mayor's court. In 2005, the Attorney General answered no one under the cited statute. La. R.S. 15:255 authorized those fees for testimony in district or parish court, a court exercising juvenile jurisdiction, and city court. It contained no comparable provision for mayor's court. The AG therefore found no statutory authority for the payment the question described.

Currency note

This opinion was issued in 2005. 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

Did the off-duty officer witness-fee statute cover a mayor's court appearance?

The AG said no. It compared the courts expressly listed in La. R.S. 15:255 with mayor's court, which was omitted.

Did the city-court fee provision also apply to mayor's court?

No. The opinion identified a separate city-court authorization in La. R.S. 15:255 E but found no matching mayor's court provision.

Which appearances did the opinion say were covered by the statute?

It identified district, parish, and juvenile-jurisdiction courts under La. R.S. 15:255 A(1), plus city courts under subsection E. Its holding was limited to the absent mayor's court authorization.

Background and statutory framework

The question concerned statutory witness fees for police officers who testified while off duty. The AG read La. R.S. 15:255 by its listed court types, rather than extending the city-court provision to mayor's courts. It said the legislature could have included mayor's court but had not done so in the statute then before the office.

Citations

  • La. R.S. 15:255 A(1) (district, parish, and juvenile-jurisdiction courts).
  • La. R.S. 15:255 E (city courts).

Source

Original opinion text

October 6, 2005
OPINION NO. 05-0305
15 - COURTS

46-A – FEES & COSTS
Honorable Robert R. “Bobby” Faucheux, Jr.
La. R.S. 15:255
La. R.S. 15:255 E
State Representative, District 57
La. R.S. 15:255 A(1)
Post Office Box 1960
LaPlace, Louisiana 70069-1960
No one is responsible for paying witness fees to off-duty law
enforcement officers in Mayor’s court because no statutory authority allows for such payments.
Dear Representative Faucheux:

Your inquiry concerning the payment of witness fees for off-duty police officers in Mayor’s court has been referred to me for a response.

La. R.S. 15:255 does provide for the payment of witness fees to off-duty law enforcement officers, but there are limitations. La. R.S. 15:255 A(1) allows for payment of witness fees “in district or parish court or any court exercising juvenile jurisdiction. …” Similarly, La. R.S. 15:255 E permits the payment of witness fees to off-duty police officers in city courts. Presumably, the legislature could have made provision for payment of witness fees in Mayor’s court. However, this statute contains no comparable provision for payment of such fees in Mayor’s court.

Thus, it is the opinion of this office that no one is responsible for paying witness fees to off-duty law enforcement officers in Mayor’s court because no statutory authority allows for such payments.

We hope that this sufficiently answers your inquiry, but if we can be of further assistance, please do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:_________
Christopher D. Matchett
Assistant Attorney General

CCF,Jr.:CDM:lrs

Page 2

OPINION No. 05-0305

15 - COURTS

46-A – FEES & COSTS

La. R.S. 15:255
La. R.S. 15:255 E
La. R.S. 15:255 A(1)

No one is responsible for paying witness fees to off-duty law enforcement officers in Mayor’s court because no statutory authority allows for such payments.

Honorable Robert R. “Bobby” Faucheux, Jr.
State Representative, District 57
Post Office Box 1960
LaPlace, Louisiana 70069-1960

Date Received:
CHRISTOHER D. MATCHETT
Date Released: October 6, 2005
Assistant Attorney General

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