When could a Louisiana justice of the peace set or change bail in a criminal case?

Plain-English summary

Two Jefferson Parish justices of the peace asked about their authority to fix bail and how that authority related to district-court handling of cases. The 1998 attorney general opinion said a justice could initially set bail for a case within the justice's territorial jurisdiction if the offense was not capital or necessarily punishable at hard labor and no district judge or magistrate had already set a bond.

The opinion also addressed what happened after a case advanced. Once a bond had been set, formal charges filed, and the case allotted to a section of court, the justice of the peace could not change that bond. The office described authority to increase or reduce bail at that stage as belonging to the court with trial jurisdiction under the cited procedure.

Currency note

This opinion was issued in 1998. 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.

Justices of the peace at the time

The opinion limited initial bail-setting to the justice's territory and to offenses outside the capital and mandatory-hard-labor categories. It added the condition that a district judge or magistrate had not already set a bond.

Prosecutors at the time

The office said formal charging and court allotment ended the justice of the peace's authority to alter the bond. It discussed a court's trial jurisdiction over later bail changes.

Criminal defense lawyers at the time

The opinion distinguished initial bail-setting from later motions to increase or reduce an existing bond. Its conclusion concerned which judicial officer could act at each stage.

Common questions

Q: Could a justice of the peace set bail outside that justice's territory?
A: No. The opinion described the authority as applying throughout the justice's territorial jurisdiction.

Q: Did the authority cover capital offenses or offenses necessarily punishable at hard labor?
A: No. The opinion excluded those categories.

Q: Could the justice set a second bond after a judge or magistrate had already set one?
A: The opinion limited the justice's initial role to cases where no bond had previously been set by a district judge or magistrate.

Q: Could the justice change bail after charges and court allotment?
A: No. The office said the justice then lacked authority to alter the bond.

Background and statutory framework

The opinion read LA C.Cr.P. art. 333 as defining a justice of the peace's initial bail-setting authority and territorial limit. It quoted LA C.Cr.P. art. 342 on the power of the court with trial jurisdiction to increase or reduce bail for good cause. It applied those provisions to the transition from precharge bail to a formally charged and allotted case.

Citations and references

• LA C.Cr.P. art. 333 (justice-of-the-peace bail authority)
• LA C.Cr.P. art. 342 (court authority to change bail)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/98-0427

Original opinion text

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

P.O. BOX 94095
DEPARTMENT OF JUSTICE
BATON ROUGE, LA 70804-9095
CRIMINAL DIVISION
Telephone:
(504) 342-7552
FAX:
RICHARD P. IEYOU8
ATTORNEY GENERAL
Opinion g8-427
(504) 342-7893

December 8, lgg8

Honorable Kevin J. Centanni
Justice of the Peach
Opinion No. 98-427

          1942 Williams Boulevard, Suite 1              8        BONDS - Surety

Kenner, Louisiana 70062
16-A CRIMINAL LAW PROCEDURE
57 JUSTICES OF THE PEACE

Honorable Eugene Fitchue
Justices of the Peace, throughout their territorial.
Justice of the Peace
jurisdiction, may fix bail for offenses not capital or
405 George Street
necessarily punishable by hard labor. Furthermore, that
once formal charges are filed and the case is allotted to a
Avondale, LA 70094
section of the court the Justice of the Peace no longer has
jurisdiction over the matter.
Dear Judges Centanni and Fitchue:

Your request for an Attorney General’s Opinion was forwarded to me for research and reply. You asked the following: What is the scope of the Justice of the Peace’s bail authority, as set forth in the Code of Criminal Procedure articles 333 and 342, and more specifically, how do the new policies of the District Attorney’s Office of Jefferson Parish correlate to such authority?

Louisiana Code of Criminal Procedure Article 333 provides that Justices of the Peace, throughout their territorial jurisdiction, shall have the authority to fix bail in "cases not capital or necessarily punishable at hard labor." Paul D. Connick, Jr., District Attorney for the Parish of Jefferson, informed you that "a Justice of the Peace is lawfully authorized to fix bail only in those cases not capital and not necessarily punishable at hard labor," pursuant to LA C.Cr.P. art. 333. Harry Lee, Sheriff for the Parish of Jefferson, stated that "Parish Court Judges do not have authority to fix bail in cases outside their territorial jurisdiction." The above excerpts from Mr. Connick and Mr. Lee’s correspondences are consistent with LA C.Cr.P. art. 333. See Attorney General Opinion No. 86-126 (LA C.Cr.P. art.
315 is now LA C.Cr.P. art. 333).

In summary, as a Justice of the Peace you are only authorized to set a bond in non-capital cases that are not necessarily punishable at hard labor that are within your territorial jurisdiction, and then only if no bond previously has been set by a District Court Judge or magistrate.

Additionally, Louisiana Code of Criminal Procedure Article 342 states, in pertinent part:

Page 2

t

Honorable Centanni and Fitchue
Page 2
Opinion 98-427

The court having trial jurisdiction over the offense charged, on its own motion or on motion of the state or defendant, for good cause may either increase or reduce the amount of bail, or require new or additional security.

Connick further stated that, "once a charge has been accepted for prosecution and allotted to a division of court, only the Judge to whom the case has been allotted may adjudicate any matter regarding the bond of the defendant in that case," pursuant to LA C.Cr.P. art. 342. The above statute was explained in--~- State v. Dupor, 623 So.2d 720, 721 (La. App. 4 Cir. 1993). It was held that "any motion to increase or reduce bail must be brought before the magistrate who set the original bond, as he retains exclusive jurisdiction over such matters until a formal charge is filed and the case allotted to a section of the court." See Attorney General Opinion No. 98-15.

In summary, once a bond is set, formal charges are filed, and the case is allotted to a section of the court, you are not lawfully authorized to alter that bond in any way.

In order to be consistent with existing statutory provisions, it is the opinion of this office that Justices of the Peace, throughout their territorial jurisdiction, may fix bail for offenses not capital or necessarily punishable by hard labor.
Furthermore, once formal charges are filed and the case is allotted to a section of the court the Justice of the Peace no longer has jurisdiction over the matter.

I hope this information is helpful to you. If you need further assistance in this or any other matter, please do not hesitate to contact us.

Sincerely,

RICHARD P. IEYOUB
ATTORNEY GENERAL

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