Medlen v. State

418 So. 2d 618
CourtSupreme Court of Louisiana
DecidedJuly 2, 1982
Docket81-CA-2437
StatusPublished
Cited by7 cases

This text of 418 So. 2d 618 (Medlen v. State) 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
Medlen v. State, 418 So. 2d 618 (La. 1982).

Opinion

418 So.2d 618 (1982)

Honorable Richard A. MEDLEN, Marshal, City Court of Plaquemine, La., et al.
v.
The STATE of Louisiana, et al.

No. 81-CA-2437.

Supreme Court of Louisiana.

July 2, 1982.
Rehearing Denied September 3, 1982.

William C. Dupont, Dupont, Dupont & Dupont, Plaquemine, Milton Osborne, Jr., City Prosecutor, for plaintiffs-appellees.

Jack T. Marionneaux, Asst. Dist. Atty., James P. Dore, Borron, Delahaye, Dupont, *619 Edward & Dore, Plaquemine, Carmack M. Blackmon, Mary Catherine Cali, Asst. Attys. Gen., Prentice L. G. Smith, Jr., Smith & Smith, Baker, for defendants-appellants.

LEMMON, Justice.

This is an appeal by the State of Louisiana and other defendants from a judgment declaring unconstitutional R.S. 13:2488.61 B, as enacted by Act 456 of 1972, and R.S. 13:2488.61 et seq., as enacted by Act 498 of 1980. The judgment in favor of the Marshal of the City Court of Plaquemine also declared that the City Court of Plaquemine had lawful existence under R.S. 13:1872 and 1951 and that the court's territorial jurisdiction consisted of all of Wards 2, 3, 6 and 8 of Iberville Parish.

Facts

The following facts were outlined by the trial judge and accepted by appellants:

"The Town of Plaquemine was created by Act 109 of 1878. Section 6 of this Act created a Mayor's Court and granted the Mayor the power of a committing magistrate in all cases arising under town ordinance, granted him the power to try cases involving violation of town ordinances, and gave him civil jurisdiction to the same extent as a Justice of the Peace. All fines imposed by the Mayor were to be paid into the town treasury at least once a month. Section 7 of this Act created the appointed position of Town Marshal. Section 9 of the Act gave the Town Marshal authority to attend on the Mayor's Court, the powers of a peace officer to execute warrants, writs, summons, and other orders of Court, and the power to make arrests for violations of state laws or local ordinances to the same extent as a Sheriff.

"By Act No. 32 of 1960, which was amended by Act No. 130 of 1964, (R.S. 13:1872[A]), the legislature of Louisiana created a general procedure for the creation of City Courts, and it was no longer necessary that a specific act be passed, so long as the guidelines set forth in Act No. 32 were followed. In 1964, by Act No. 201, the legislature amended the legislative charter of the Town of Plaquemine (Act 109 of 1878) to change its name to the City of Plaquemine. However, Section 2 of Act 201 contained the following language:

"`Notwithstanding the provisions of any laws of the state to the contrary, it shall not be mandatory upon said city to create the office of city judge, it being specifically herein provided that the city of Plaquemine shall have an option to create said office of city judge at such time as the mayor and board of selectmen of said city shall deem the creation thereof necessary and to the best interest of the city of Plaquemine.'

"Although the legislature had established general provisions governing the creation of City Courts, and although the City of Plaquemine had a population exceeding 5,000 persons and was the parish seat of Iberville Parish, in 1972 specific legislation was passed to create a City Court of Plaquemine. Act 455 of 1972 had the purpose of amending the legislative charter of the City of Plaquemine (Act 109 of 1878) by removing provisions pertaining to the Mayor's Court. Act 455 amended Section 6 of Act 109 of 1878 by deleting the last two sentences of the Section, which in effect withdrew the power of the Mayor to act as a Mayor's Court. Section 8 of Act 109 of 1878 was amended to provide that the Marshal shall attend the City Court of Plaquemine rather than the Mayor's Court, and Section 10 was amended to remove from the Secretary of the Board of Selectmen the power to certify copies of proceedings before the Mayor's Court. Unfortunately, Section 6 of Act 109 of 1878, as contained in Act 455, also provided that `The Mayor and Selectmen of said city shall hold their offices for one year, as herein provided, or until their successors are duly qualified....' (Emphasis added.) The purpose of Act 456 of 1972 was to abolish the Mayor's Court in the City of Plaquemine and create in its place a City Court presided over by a Judge. (R.S. 13:2488.61-13:2488.63, the original numbers contained in Act 456 of 1972 were re-designated pursuant to R.S. 24:253). Section B of R.S. 13:2488.61 provides that The City Court of Plaquemine is *620 created and shall have territorial jurisdiction throughout the City of Plaquemine.' [Emphasis supplied.] Section E of R.S. 13:2488.61 provides that the first Judge and Marshal of the City Court of Plaquemine shall be elected at the congressional elections in 1972 provided that the qualifying period for the election shall not be closed until 5:00 o'clock p. m. on September 1, 1972. Section D of R.S. 13:2488.62 provides that the Clerk of the City Court or the Marshal, as designated by the Judge, shall collect all fines, forfeitures, penalties, and costs, and all funds so collected, excluding costs, shall be paid into the city treasury. Pursuant to the authority of R.S. 13:2488.63 and R.S. 13:1885 the Clerk of the City Court has authority to certify all documents of the City Court. Both Acts 455 and 456 were certified as emergency legislation by the Governor and went into effect on July 12, 1972.

"Shortly after Acts 455 and 456 went into effect, it was discovered that through error the terms of office of the Mayor and Selectmen of the City of Plaquemine were reduced from four years to one year. On July 27,1972, the Mayor and Board of Selectmen of the City of Plaquemine, pursuant to the authority of R.S. 33:1181, adopted Ordinance No. 847, which had the purpose of amending the City's legislative charter to return the terms of the Mayor and Board of Selectmen to four years and re-instating the Mayor's Court. This ordinance sought to re-enact Sections 6,8,9 and 10 of Act 109 of 1878 as they existed prior to Act 455 of 1972. This Ordinance stated that in the general election held on June 13, 1972, the Mayor and Board of Selectmen of the City of Plaquemine were elected for terms of four years under Act No. 109 of 1878, that Act 455 of 1972 reduced that term of the Mayor and Board of Selectmen to one year and abolished the Mayor's Court, and that `it would be greatly unjust, unethical, and immoral to deprive the Mayor and five Board of Selectmen of their four years terms which they rightfully won in an election.' Pursuant to R.S. 13:1181 the ordinance was published, approved by the Attorney General on October 2, 1972, and approved by the Governor on October 9, 1972. R.S. 33:1181 provides that when the procedure contained therein is followed such an amendment to a legislative charter `shall have the force and effect of law.' No elections were held for City Judge and City Marshal for the City Court of Plaquemine in 1972, and the Mayor and Board of Selectmen of the City of Plaquemine continued to serve the four year terms to which they were elected in June of 1972. The Mayor continued to operate his Mayor's Court.

"By opinion dated June 15, 1973, the Attorney General advised the Governor that there were more than five thousand people in the City of Plaquemine and that the mandatory provisions of R.S. 13:1872 required that a City Judge be elected.

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Bluebook (online)
418 So. 2d 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medlen-v-state-la-1982.