Who collected a forfeited commercial surety bond in a Louisiana criminal case?

Plain-English summary

An assistant district attorney asked whether the clerk of court could collect judgments forfeiting commercial surety bonds posted in Louisiana criminal proceedings. The 2013 opinion said no for the judgments covered by the quoted statute. La. R.S. 15:571.11 (L) assigned collection to the prosecuting attorney for the jurisdiction where the bond was posted, for judgments rendered after June 22, 1993.

The AG distinguished that assignment from a separate provision permitting sheriffs and court executive officers to accept certain forms of payment for fines, forfeitures, penalties, and costs. Accepting payment methods, the opinion said, did not give the clerk power to collect these bond-forfeiture judgments.

Currency note

This opinion was issued in 2013. 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.

Historical summary

Prosecutors and clerks

The opinion assigned collection of the specified judgments to the prosecuting attorney, who then distributed the proceeds under the statute. It rejected collection by the clerk of court for those judgments.

Commercial bond sureties

The AG's answer concerned commercial surety bonds posted in criminal cases and judgments rendered after the statutory date. It did not decide other kinds of forfeiture.

Common questions

Could a court clerk collect the covered bond-forfeiture judgment?

No. The AG said collection belonged to the prosecuting attorney in the jurisdiction where the commercial surety bond was posted.

Did authority to accept credit cards or other payment methods change that?

No. The opinion said the separate provision on payment methods did not grant clerks authority to collect the covered judgments.

Did the opinion address every forfeiture judgment?

No. It addressed judgments after June 22, 1993 arising from commercial surety bonds posted in Louisiana criminal proceedings, as described by the statute quoted.

Background and statutory framework

The opinion quoted La. R.S. 15:571.11 (L) on prosecuting-attorney collection and distribution. It also quoted another subsection listing methods by which sheriffs and court executive officers could accept payments, but read that text as procedural rather than a transfer of collection authority.

Citations

• La. R.S. 15:571.11 (L): collection rule for the specified commercial bond-forfeiture judgments.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0049

Original opinion text

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

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DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

MAY 282013
OPINION 13-0049
46 A FEES & COSTS
La. R.S. 15:571.11
Ms. Jessica J. Brewster
Under La. R.S. 15:571.11 (L), judgments of bond forfeiture that are
Assistant District Attorney
rendered after June 22, 1993, and result from the posting of a
22 nd Judicial District
commercial surety bond in a criminal proceeding in the state of
Louisiana may not be collected by the clerk of court. Those judgments
701 North Columbia Street
must be collected by the prosecuting attorney for the ;urisdiction in
Covington, LA 70433
which the bond was posted.

Dear Ms. Brewster:

Your request for an Attorney General's Opinion has been assigned to me for research and reply. Specifically, you ask whether, under La. R.S. 15:571.11 (0), judgments of bond forfeiture, rendered after June 22, 1993, and resulting from the posting of a commercial ~urety bond in a criminal proceeding in the state of Louisiana, may be collected by the clerk of court.

First, we note that La. R.S. 15:571.11 (L) provides, in pertinent part, as follows:

All judgments of bond forfeiture rendered after June 22, 1993, resulting from the posting of a commercial surety bond in a criminal proceeding in the state of Louisiana upon collection by the prosecuting attorney for the jurisdiction in which the bond was posted shall be paid to the prosecuting attorney who shall, as attorney of record in the proceeding, distribute the funds as follows ...

Additionally, L.a. R.S. 15:571.11 (0) provides, in pertinent part, the following:

Sheriffs and executive officers of any court in the state may accept payment for all fines, forfeitures, penalties, and costs by means of credit card,electronic fund transfer, money order, bank check, teller's check, cashier's check, traveler's check, electronic fund transfer terminal, electronic financial terminal, automated banking device, or similar device or terminal. ..

Notably, under La. R.S. 15:571.11 (L), the prosecuting attorney for the jurisdiction in which the bond was posted must collect judgments of bond forfeiture rendered after

Page 2

Ms. Jessica J. Brewster
Opinion 13-0049
Page -2­

June 22, 1993, resulting from the posting of a commercial surety bond in a criminal proceeding. On the other hand, La. R.S. 15:571.11 (0) merely permits sheriffs and executive officers of any court to accept certain means of payment for all fines, forfeitures, penalties, and costs. That statute does not grant the power to collect judgments of bond forfeiture to the executive officers of any court.

Thus, it is the opinion of this office that, under La. R.S. 15:571.11 (L), judgments of bond forfeiture that are rendered after June 22, 1993, and result from the posting of a commercial surety bond in a criminal proceeding in the state of Louisiana, may not be collected by the clerk of court. Those judgments must be collected by the prosecuting attorney for the jurisdiction in which the bond was posted.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

Yours very truly,

JAMES D. "BUDDY" CALDWELL
Attorney General

By:
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BENJAMIN A. HUXEN II
Assistant Attorney General
JDC/BAH II