Who had to prepare a criminal defendant's commitment sheet in Louisiana court?

Plain-English summary

The Vermilion Parish sheriff asked who had to prepare a document recording a criminal defendant's sentence, fine, and court costs after a plea or conviction. The Louisiana Attorney General said the judge bore that responsibility, not the court crier.

The opinion explained that La.C.C.P. Art. 333 described a crier's duties in the Code of Civil Procedure and that the Code of Criminal Procedure did not assign criminal commitment sheets to the crier. It described a customary process in which the court reporter records the sentence, fine, and costs, the judge's minute clerk or secretary prepares the minute entry and commitment sheet, and the sheet goes to the sheriff for processing.

Currency note

This opinion was issued in 2006. 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 criminal court crier have to prepare the sheet?

No. The AG said neither the civil-procedure provision listing crier duties nor the Code of Criminal Procedure imposed that obligation.

If staff prepared the form, why did the AG name the judge?

The opinion placed legal responsibility on the judge, while describing a practice in which the judge's minute clerk or secretary prepared the minute entry and sheet after the court reporter recorded the sentence, fine, and costs.

What information did the commitment sheet contain?

In the process the AG described, it recorded the defendant's sentence, fine, and court costs, then went to the sheriff for further processing and collection.

Background and statutory framework

The request asked about a crier assigned to criminal court. The AG quoted La.C.C.P. Art. 333, which addressed attendance, courtroom order, witness calls, and other assigned duties, but read that civil-code provision as insufficient to impose the criminal commitment-sheet task. The opinion relied on court practice and the judge's control of the courtroom for its answer.

Citations

• La.C.C.P. Art. 333 (court crier duties quoted by the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0162

Original opinion text

August 14, 2006
OPINION No. 06-0162

15 – COURTS

Honorable Michael A. Couvillon
56 – JUDGES
Vermilion Parish
107 – SHERIFFS – Constables & Marshals, including
Sheriff & Ex-Officio Tax Collector
Ex-Officio Tax Collectors, rights, powers & duties, in general
Post Office Box 307
La.C.C.P. Art. 333
Abbeville, Louisiana 70511-0307
It is the opinion of this office that the law imposes the duty to
Dear Sheriff Couvillon: prepare commitment sheets on judges, not court criers.

Your request for an Attorney General’s opinion has been referred to me for research and reply. Specifically, you ask the following questions:

(1) Does the law require a court crier, assigned to criminal court, to prepare a document1 which reflects the fine, sentence and court costs for any defendant who pleads guilty or is convicted of a crime?

(2) If the law does not place this responsibility on the court crier, on whom does the law impose this duty?

The answer to your first question is in the negative. A court crier’s duties are set forth in La.C.C.P. Art. 333 as follows:

The crier of a court shall attend all sessions thereof; under the direction of the judge shall open and close court at each session, and maintain order and decorum in the courtroom; and shall perform such other duties as are assigned to him by the law, the court, or the sheriff.

The crier of a trial court, when requested to do so, shall call all witnesses in the building whose testimony is desired by the court or by a party.

1
Those expert in criminal matters refer to such document as a “commitment sheet.”

Page 2

Honorable Michael A. Couvillon
Opinion No. 06-0162
Page 2

When a court has no crier, and there is no deputy sheriff available for such duty, the sheriff shall perform the duties of crier.

Although C.C.P. Art. 333 provides that a court crier “shall perform such other duties as are assigned to him by law, the judge or the sheriff,” this language refers to civil, not criminal, matters since the Legislature chose to place this particular article within the code pertaining to civil procedure. Similarly, no language is contained whatsoever within the Code of Criminal Procedure that places the burden of preparing commitment sheets on a court crier. Clearly, the law does not obligate a court crier, assigned to criminal courts, to prepare a commitment sheet.

If the court crier is not responsible for the preparation of this document, then upon whom does the law impose this duty? Like the captain of a ship, or a pilot of a plane, the judge controls his courtroom. Against this backdrop, the preparation of commitment sheets has developed from long-standing practice and custom. Such practice and custom has been given the imprimatur of the Courts. The procedure varies slightly from parish to parish, but typically follows this pattern: The court reporter will note, on the record of the proceeding, the sentence, fine and costs of a defendant who either pleads guilty or is convicted of a crime. After the court reporter has noted this information on the record, the judge’s minute clerk or secretary will prepare a minute entry and the commitment sheet, which will contain the court’s sentence, fine and court costs for that particular defendant. After the commitment sheet has been prepared, it will be sent to the sheriff for further processing and collection. No other activity is required of the judge or his staff by this procedure.

In summary, it is the opinion of this office that the law imposes the duty to prepare the commitment sheet on the judge, not the court crier.

I hope this opinion adequately responds to your request. If I can be of further assistance to you in any way, please do not hesitate to contact me.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:_____
Christopher D. Matchett
Assistant Attorney General

CCF,JR:CDM:ls

Page 3

OPINION No. 06-0162

15 - COURTS

56 - JUDGES

107 – SHERIFFS – Constables & Marshals, including Ex-Officio Tax Collectors, rights, powers & duties, in general

La. C.C.P. Art. 333

It is the opinion of this office that the law imposes the duty to prepare commitment sheets on judges, not court criers.

Honorable Michael A. Couvillon
Vermilion Parish
Sheriff & Ex-Officio Tax Collector
Post Office Box 307
Abbeville, Louisiana 70511-0307

DATE RECEIVED:

DATE RELEASED: August 14, 2006
CHRISTOPHER D. MATCHETT
Assistant Attorney General