Can a Louisiana mayor's court hear municipal ordinance or traffic citations against a 17-year-old?

Plain-English summary

The Louisiana Municipal Association asked whether a mayor's court could hear municipal ordinance or traffic citations against a 17-year-old. The Attorney General concluded that it could not. The Children's Code's definition of a court exercising juvenile jurisdiction includes city, parish, district, and juvenile courts, but expressly excludes a mayor's court.

The opinion also separated ordinary juvenile delinquency from minor traffic offenses. It cited the Children's Code provision that excludes traffic violations from the delinquent act definition, then applied the code's separate title for minor traffic offenses. For the traffic citations described, it said filing and adjudication should occur in a court of proper venue under the Children's Code, rather than a mayor's court.

What this means for you

Mayor's court officials and municipal prosecutors

The opinion says a mayor's court lacks jurisdiction over the described citations against 17-year-olds, including traffic tickets. It identifies the Children's Code courts as the proper venue for the traffic matters.

Families of cited 17-year-olds

The opinion concerns where municipal ordinance and traffic citations may be heard. It does not say the cited conduct is excused; it says the mayor's court cannot decide the case.

Common questions

Q: Can a 17-year-old's municipal traffic ticket go to a Louisiana mayor's court?
A: No. The AG said a mayor's court lacks jurisdiction and that the traffic citation should go to a court with jurisdiction under the Children's Code.

Q: Does the same answer cover other municipal ordinance citations?
A: Yes. The opinion's stated conclusion covers municipal ordinance violations as well as traffic violations involving 17-year-olds.

Q: Are traffic tickets treated as juvenile delinquency cases?
A: The opinion says traffic violations are excluded from the Children's Code's definition of delinquent acts, but are addressed under the code's separate minor traffic provisions.

Background and statutory framework

The opinion compared Children's Code provisions defining a child and a court with juvenile jurisdiction. It noted the 2024 change to the delinquency age definition but relied on the specific exclusion of mayor's courts from the code's court definition. For traffic matters, it applied the code's title on minor traffic offenses and directed those citations to a proper Children's Code court.

Citations and references

• Louisiana Children's Code art. 116, excluding mayor's courts from the defined juvenile courts.
• Louisiana Children's Code art. 302, identifying courts with juvenile jurisdiction.
• Louisiana Children's Code arts. 951–953, addressing minor traffic offenses.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0114

Original opinion text

STATE OF LOUISIANA
DEPARTMENT OF JUSTICE
OFFICE OF THE ArrORNEY GENEL
P.O. Box 94005
BATON ROUGE, LA
70804-9005

Liz MuRRwL
ATToRNEY GENERAL
December 19, 2024
OPINION 24-0114

Mr. Rick Allen
57-A JUVENILES
Louisiana Municipal Association
P . 0 . Box 4327 La. Const. art. XII, § 3 La. Oh. Oode art. 116
La. Oh. Oode art. 304 La. Oh. Oode art. 804
Baton Rouge, La 70821
La. Oh. Oode art. 951, et. seq.

Regarding whether a mayor’s court has jurisdiction over persons 17 years of age cited for violating municipal ordinances including traffic violations.

Dear Mr. Allen:

This office received your request for an Attorney General’s Opinion regarding whether a mayor’s court has jurisdiction over persons 17 years of age who have been cited for violating municipal ordinances, including traffic violations.

Question: Do mayor’s courts have jurisdiction over seventeen year olds who have been cited or ticketed for municipal ordinance violations, including traffic violations?

Conclusion: It is the opinion of this office that mayor’s courts do not have jurisdiction over seventeen year olds with respect to these violations.

La. Const. art. V, § I 8 provides thatjuvenile courts “shall have jurisdiction as provided by law.” Louisiana Children’s Code Article 116(3) defines a child as ..a person who has not “.
yet attained the age of eighteen years, except as it is specifically defined by a Title of this Code.”

Provisions of the Children’s Code vary on when an individual will be considered a “child.” Pursuant to Act I 3 ofthe 2024 Second Extraordinary Session, Louisiana Children’s Code Article 804 defines a child as follows:

(a) Before March 1, 2019, and on or after April 19, 2024, ‘child” means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age.

(b) From March 1, 2019, and until June 30, 2020, “child” means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act on or after March 1, 2019, until June 30, 2020, when the act is

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OPINION 24-0114
Rick Allen
Page No. 2

not a crime of violence as defined in R.S. 14:2 and occurs before the person attains eighteen years of age.

(c) From July 1 2020, until April 1 9, 2024, “child” means any person under the age ,

of twenty-one, including an emancipated minor, who commits a delinquent act on or after July 1 2020, until April 1 9, 2024, and before the person attains eighteen ,

years of age.

Louisiana Children’s Code art. 302 defines the juvenile jurisdiction of Louisiana’s courts. In that code article, specific reference is made to special juvenile courts, district courts, parish courts, and city courts. The code article does not mention mayor’s courts. Similarly, La Ch. Code art. I 16(4) defines a “court” as “any city, parish, district, or juvenile, or its judge, when exercising juvenile jurisdiction as provided for in this Code. It does not include a judge of a mayor’s court or a justice of the peace. Mayor’s courts are specifically excluded from the definition of “court”. Thus, when Articles 302 and I 1 6 are read together, it is clear that mayor’s courts are not given jurisdiction over juvenile matters.

Louisiana Children’s Code Article 804(3) defines a “delinquent act” as an act committed by a child of ten years of age or older which if committed by an adult is designated an offense under the statutes or ordinances of this state, or of another state if the offense occurred there, or under federal law, except traffic violations.

Title IX of the Louisiana Children’s Code (Articles 951 et. seq.) governs proceedings ,

involving minor traffic offenses. Children’s Code Article 952 states “except as otherwise specified in this Title, all provisions of the Children’s Code remain applicable”. Therefore, Art. 116(3) applies. Under Children’s Code Article 953, “traffic violation” means any violation of a statute or ordinance regulating traffic, except the following criminal offenses:

(1) Vehicular homicide.
(2) Vehicular negligent injuring.
(3) Unauthorized use of a movable.
(4) Operating a vehicle while intoxicated.
(5) Reckless operation of a vehicle.
(6) Hit and run driving.

Because Article 953 places all but the excepted offenses within the definition of traffic offenses falling under the Children’s Code, we conclude that traffic citations issued to seventeen year olds should be filed and adjudicated in a court of proper venue as defined Louisiana Children’s Code Article 302.

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OPINION 24-0114
Rick Allen
Page No. 3

Therefore, it is the opinion of this office that a mayor’s court is prohibited by statute from exercising jurisdiction over seventeen-year-olds cited for municipal ordinances and traffic violations. We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTO NEY GNERAL

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ASSISTANT ATTORNEY GENERAL
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