Could Oil City put a mayor's court failure-to-appear fine in its general fund, and was a separate hearing needed?

Plain-English summary

Oil City asked what should happen to a mayor's court fine for failing to appear and whether the court had to hold a separate hearing before imposing it. The official opinion treated a contempt fine for failing to appear as separate from the fine for the underlying offense. It said the fine collected in a city prosecution should be paid into the town treasury under La. R.S. 13:1898(A).

The AG said a contumacious failure to appear after notice could be direct contempt without a separate trial. The court still had to give the defendant an opportunity to explain or present mitigating circumstances before finding contempt. That opportunity could take place at a separate contempt hearing or during the hearing on the original offense.

The opinion also distinguished bail from a fine: absent a judgment forfeiting the bond, bail could not be placed in the general fund.

Currency note

This opinion was issued in 2023. 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

Was a no-show fine credited against the original offense's fine?
No. The AG described the contempt fine for failure to appear as separate from the fine on the initial violation.

Was a stand-alone contempt hearing mandatory?
No. The defendant had to be heard before a contempt finding, but the opinion allowed that opportunity at the initial-offense hearing.

Could Oil City immediately keep a defendant's bail money?
No. The AG said bail could not go into the general fund without a bond-forfeiture judgment.

Background and statutory framework

The opinion describes a mayor's court's authority to issue a summons, respond to nonappearance, and punish direct contempt. It applied La. C.Cr.P. art. 22's opportunity-to-be-heard rule, discussed statutory fine limits and hardship considerations, and used La. R.S. 13:1898(A) for disposition of city-prosecution fines.

Citations and references

Law cited: La. C.Cr.P. arts. 21, 22, and 25; La. R.S. 13:1898(A); La. R.S. 33:441.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0068

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
RO. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Attorney Genera]
June 27, 2023
OPINION 23-0068

46-A
FEES & COSTS
Douglas Dominick
La. P.S. 13:1898
La. CC’ P. art 25
own nLtorney La. P.S. 15:81 La. C.Cr P. art 205
Town of Oil City La. P.S 33:441 La. C.C’.P. art. 209
Al I,
OflQ IA! ,-aama La. P.S 32:57 La. C.C’.P. art. 314
.
La. C.Cr.P. art. 21 La. C.Cr.P. art. 333
P.O. BoX 20 La. C.Cr.P. art. 22 La. C.Cr P art. 335

Vivian, La 71082
The fine assessed for failure to appear should be deposiled
into the Towns general fund. Before a noun can determine that l.ne defendant has committed a direct contempt. the defendant must be given an opportunity lobe heard so trial he can offer the court a defense or explan othe mitigating circumsta9ces.

Dear Mr. Dominick:

Our office received your request for an opinion on behalf of the Council for OH City regarding the assessment of certain tines by the Mayor’s Court for Oil City. Specifically, you ask: (1) Can the tine assessed for failure to appear be deposited into the general fund or should it be applied towards the fine assessed by the court for the initial offense;
(2) Is a separate hearing required for the tine assessed for the defendant’s failure to appear?

The Town of Oil City (the “Town”) is a Lawrason Act Municipality. The Lawrason Act provides that “there shall be a mayor’s court in the municipality, with jurisdiction over all violations of municipal ordinances.”t The magistrate of a Mayor’s court may issue a summons instead of an arrest warrant when he or she has reasonable grounds to believe that the person against whom a complaint is made will appear.2 “A summons is an order in writing, issued and signed by a magistrate or a peace officer in the name of the state, stating the offense charged and the name of the alleged offender, and commanding him to appear before the court designated in the summons at the time and place stated in the summons.”3 If the defendant fails to appear, ‘the court shall on its own motion, or on motion of the prosecuting attorney, immediately issue a warrant for the arrest of the defendant.’4 This warrant is referred to as a “bench warrant.” The bench warrant will stay in effect until it is recalled either by the defendant voluntarily showing up to court or the arrest of the defendant pursuant to the bench warrant. If arrested, the mayor’s court can either set bail for the defendant’s release in an amount

1
La. n.s. 33:441.
2 La. corP. art. 209.
La. COrP. art. 208.
La. COrP. art. 333.

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OPINION 23-0068
Mr. Douglas Dominick
Page 2

not to exceed $100.00 or release the defendant on his or her own recognizance.5 lithe court sets bail and the defendant fails to make an appearance within one hundred eighty days of the arrest warrant, the prosecutor may institute bond forfeiture proceedings.6

In addition to the issuance of a bench warrant, a mayor’s court may punish a defendant’s failure to appear through contempt of court proceedings. Contumacious failure, after notice to appear, is a direct contempt and no trial is required.7 However, La. C.Cr.P. art. 22 requires that before a court can determine the defendant has committed a direct contempt, the defendant must be given an opportunity to be heard so that he can offer the court a defense or explain other mitigating circumstances. This can take place in a separate hearing solely for the contempt charge or it may take place at the hearing on the initial offense. If found guilty, the court can then render an order laying out the facts constituting the contempt, adjudging the person guilty thereof, and specifying the punishment as well as the fines or costs to be imposed.8

If the defendant is found guilty of contemptuous failure to appear in connection with a criminal proceeding, La. C.Cr.P. art. 25 allows for a fine of not more than 500.00 dollars or imprisonment not to exceed six months, or both. However, subject to some exceptions, La. R.S. 32:57(D) limits the amount of the fine for failure to appear in cases involving a violation of the Louisiana Highway Regulatory Act.9 The assessment of fines and costs is also subject to a determination of substantial financial hardship to the defendant.1° Finally, the fine for the failure to appear is separate from the fine resulting from the initial violation.

As for your question regarding whether the fine may be kept by the Town, La. R.S. 13:1898(A) states that the clerk of the mayor’s court “shall collect all fines, forfeitures, penalties, and costs, and all funds so collected by them, excluding costs, shall be paid into the city treasury when the prosecution is on behalf of the city.” However, we note

La. COrP. art. 314; La. R.S. 15:61(8). We note that the Mayors court of Kenner has an exception to this general rule in La. COrP. art. 15:81 (H)(2).
6 La. C.Cr.P. art. 335.
La. COrP. art. 21.
La. COrP. art. 21.
° This limitation does not apply to certain citations set forth in La. R.S. 32:57 (E) and (F). IC See, La. COrP. art, 875.1. ‘The purpose of imposing financial obligations on an offender who is convicted of a criminal offense is to hold the offender accountable for his action, to compensate victims for any actual pecuniary loss or costs incurred in connection with a criminal prosecution, to defray the cost of court operations, and to provide services to offenders and victims. These financial obligations should not create a barrier to the offender’s successful rehabilitation and reentry into society. Financial obligations in excess of what an offender can reasonably pay undermine the primary purpose of the justice system which is to deter criminal behavior and encourage compliance with the law. Financial obligations that cause undue hardship on the offender should be waived, modified, or forgiven, creating a payment plan for the offender that is based upon the ability to pay, results in financial obligations that the offender is able to comply with and often results in more money collected. Offenders who are consistent in their payments and in good faith try to fulfill their financial obligations should be rewarded for their efforts.”

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OPINION 23-0068
Mr. Douglas Dominick
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that absent a judgment of bond forfeiture, bail may not be deposited into the general fund.

If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JEFF LANDRY
ATTORNEY GENERAL

tauryn A.cudduth
/ ‘><-—
Assistant Attorney General