Konrad v. Jefferson Parish Council

520 So. 2d 393, 1988 WL 15700
CourtSupreme Court of Louisiana
DecidedFebruary 29, 1988
Docket87-CA-2515
StatusPublished
Cited by32 cases

This text of 520 So. 2d 393 (Konrad v. Jefferson Parish Council) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Konrad v. Jefferson Parish Council, 520 So. 2d 393, 1988 WL 15700 (La. 1988).

Opinion

520 So.2d 393 (1988)

Honorable Nancy Amato KONRAD, et al.
v.
The JEFFERSON PARISH COUNCIL, et al.

No. 87-CA-2515.

Supreme Court of Louisiana.

February 29, 1988.
Rehearing Denied March 31, 1988.

*394 George M. Papale, Gretna, William F. Wessel, New Orleans, Ross P. LaDart, Joseph J. Tosh, Gretna, Louis G. Gruntz, Jr., Jefferson, Alvin Dupre, Jr., Metairie, for appellants.

George M. Strickler, New Orleans, Roy P. Price, Metairie, for appellees.

LEMMON, Justice.

In this declaratory judgment action, two judges of the Juvenile Court for the Parish of Jefferson challenged an ordinance adopted by the Jefferson Parish Council which created the Department of Juvenile Services. The Council has appealed directly to this court from a judgment of the trial court which declared the ordinance unconstitutional. La. Const. art. V, § 5(A). The issues are whether the inherent powers of *395 the Juvenile Court extend to the providing of juvenile services and whether the ordinance interferes with the Juvenile Court's exercise of its inherent powers.

I

The Juvenile Court for the Parish of Jefferson was created in 1958 by La.R.S. 13:1596. The Court's operation was funded by the Parish, and probation officers hired by the Juvenile Judge were paid from the Court's budget.

In 1964 the voters approved a bond issue for the construction of a juvenile detention center, which was completed in 1971. A millage increase was approved in 1971 for operation of the center. Thereafter, probation officers, detention staff and other employees involved in the care and rehabilitation of juveniles were hired by the Juvenile Judges and were paid from the millage revenues. Most of these employees were placed under civil service.[1]

In 1974 the position of Director of Court Services was created and was funded by a federal grant. Lois Foxall was appointed in 1976 to this position, which was not under civil service. Juvenile services were subsequently expanded to include counseling, medical care and education, first under federal grants and later under a bond and millage election.

A dispute developed, apparently over the manner of operation of the educational aspects of the juvenile services program and over the use of millage revenues for the construction of a juvenile justice center/courthouse facility. The Judges removed Foxall from the Director's position in 1987 and transferred her to a different position.

On March 11, 1987, the Council adopted an ordinance which created the Department of Juvenile Services and the position of Director of Juvenile Services, who was given direct administrative supervision over juvenile services for the parish. The ordinance set forth the qualifications of the Director and provided for appointment by the Parish President with the approval of the Council. The ordinance further provided that the Director shall:

"(1) Manage department operations in juvenile services;
"(2) Provide policy guidance to the president in the area of juvenile services;
"(3) Direct administrative staff assigned to this department;
"(4) Formulate and evaluate operating policies, programs and procedures relating to juvenile services with the advice and consent of the president;
"(5) Prepare reports on departmental operations, evaluating performance against established objectives, and special reports on operating problems or plans as required for review by the president;
"(6) Coordinate budget formulation and management activities in the juvenile services department."

Plaintiffs filed this action contending that the ordinance, without mentioning the Juvenile Court, was designed to seize control of programs and facilities which had been operated by the Court for more than twenty years. Plaintiffs alleged that millage dedicated to "juvenile court services" and previously part of the budget for juvenile court services was assigned to the new Department; that the Parish President appointed Foxall as the Director, with the salary for the position transferred from the Court's budget to the Department's budget; and that all employees of the juvenile detention home, all juvenile probation officers and all employees in the evaluation of, and the providing of services for, juveniles on probation from Juvenile Court were placed under the Department. Plaintiffs argued that the ordinance violated the separation of powers between local government and state courts because the Court's authority to design, modify, implement and control programs for juvenile services was *396 necessary to the Court's exercise of its jurisdiction. Plaintiffs also argued that the ordinance was inconsistent with state statutes governing juvenile courts and diverted property taxes from their dedicated purposes.

The trial judge held the ordinance unconstitutional, ruling that the ordinance was an infringement of constitutional separation of powers. The judge reasoned that the Juvenile Court has the inherent power to do all reasonable things necessary for the exercise of its jurisdiction and that it is essential for the Juvenile Court to control the employees who perform services for juveniles on probation, since juvenile courts are unique in possessing extensive post-adjudication jurisdiction over juveniles. The judge also relied upon La.R.S. 13:1587(A), which provides:

"The judge of the court may employ such stenographic, secretarial, and other personnel deemed necessary to make the functions of the court effective and provide adequate service. This shall include authority to commission probation officers, one of whom may be designated as chief probation officer or director of probation. Such officers shall have the power and authority to make arrests, serve notices, orders, subpoenas, and writs, and to execute all orders and peform any other duties incident to their office. Nothing herein contained shall be construed to relieve the sheriff from the duties as set forth in R.S. 33:1435."

The judge further held that the Juvenile Court has the authority to control the juvenile detention facility pursuant to La.R.S. 13:1578, which provides:

"Provisions shall be made for the temporary detention of children in a detention home, to be conducted as an agency of the court or other appropriate public agency; or the court may arrange for the care of such children temporarily in private homes subject to the supervision of the court, or may arrange with any institution or agency to receive for temporary care children within the jurisdiction of the court."

Hence this appeal.

II

Commendably diligent and innovative efforts led to the establishment of programs providing services for the care, supervision and rehabilitation of juveniles who remained subject to the Juvenile Court's jurisdiction while on probation after adjudication. The accomplishments of these programs are a tribute to the dedication of the Court's judges who planned and obtained funding for the programs and implemented them.

The constitutional issue in this case, however, is whether the Juvenile Court has the sole authority to establish or control such programs to the exclusion of the local governing body. Plaintiffs' principal complaint relates to control

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Cite This Page — Counsel Stack

Bluebook (online)
520 So. 2d 393, 1988 WL 15700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/konrad-v-jefferson-parish-council-la-1988.