Quarles v. Jackson Parish Police Jury

482 So. 2d 833
CourtLouisiana Court of Appeal
DecidedJanuary 22, 1986
Docket17283-CA
StatusPublished
Cited by12 cases

This text of 482 So. 2d 833 (Quarles v. Jackson Parish Police Jury) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quarles v. Jackson Parish Police Jury, 482 So. 2d 833 (La. Ct. App. 1986).

Opinion

482 So.2d 833 (1986)

Mrs. Lennie W. QUARLES, Administratrix of the Succession of Hayward C. Quarles, Plaintiff-Appellant,
v.
JACKSON PARISH POLICE JURY and State of Louisiana, Through Department of Public Safety, Defendants-Appellees.

No. 17283-CA.

Court of Appeal of Louisiana, Second Circuit.

January 22, 1986.
Rehearing Denied February 20, 1986.

*834 Culpepper, Teat, Caldwell & Avery by Bobby L. Culpepper, Shreveport, for Mrs. Lennie W. Quarles.

John C. Blake, Dist. Atty., for Jackson Parish Police Jury.

*835 Charles E. Welsh, Asst. Atty. Gen., for Dept. of Public Safety.

Before HALL, C.J., and MARVIN, JASPER E. JONES, FRED W. JONES, Jr. and LINDSAY, JJ.

JASPER E. JONES, Judge.

This is an appeal of a judgment rejecting the demands of Hayward C. Quarles, a justice of the peace for the payment to him of employment related funds by the Jackson Parish Police Jury and the State of Louisiana. Hayward C. Quarles died while this case was pending on appeal. The duly qualified administratrix of the succession of Hayward C. Quarles, Mrs. Lennie W. Quarles, has been substituted as plaintiff. Mr. Quarles was a justice of the peace in Jackson Parish. The defendants are the Jackson Parish Police Jury and the State of Louisiana, through the Department of Public Safety. The judgment, in part, awarded plaintiff $50.00 a month from the State of Louisiana, pursuant to LSA-R.S. 13:2589, commencing April, 1980, and continuing as long as plaintiff remained a justice of the peace and the statute remained in effect. The judgment provided that payment was conditioned upon the Louisiana Legislature appropriating the funds for payment. The State of Louisiana answered the appeal contending there should have been no award until the funds were budgeted and appropriated by the legislature. The Jackson Parish Police Jury neither appealed nor answered the appeal.

We reverse the judgment against the State of Louisiana and affirm the remainder of the judgment.

FACTS

In April of 1980, Mr. Hayward C. Quarles was elected as justice of the peace for District D-Wards, 5, 6, 7, 8, 9 and 10 in Jackson Parish. He was re-elected in November of 1983. When his present term of office began in January of 1984, all justices of the peace received a monthly salary of $250.00 from the Jackson Parish Police Jury and a monthly supplement of $50.00 directly from the State of Louisiana through the Department of Public Safety. This was remuneration solely for criminal matters. In addition to the parish and state salaries, the justices received statutory fees for civil work. Plaintiff received an additional supplement from the parish of $150.00 per month. On February 13, 1984, the police jury voted to terminate the $150.00 monthly supplement to plaintiff and require that each justice file a monthly report stating what services were performed during that period.

On March 29, 1984, Mr. Quarles filed suit against the Jackson Parish Police Jury and the State of Louisiana through the Department of Public Safety. The suit demanded: (1) an order directing the Jackson Parish Police Jury to reinstate plaintiff's $150.00 monthly supplement, retroactive to February 13, 1984; (2) the police jury to institute a graded system of compensation for all justices of the peace; and (3) an order to the State of Louisiana, through the Department of Public Safety, to pay plaintiff an additional $50.00 per month salary, retroactive to the effective date of LSA-R.S. 13:2589 (July 1, 1975).

The assignments of error made by Mr. Quarles and the State of Louisiana present four issues for decision:

(1) Did the trial court err in failing to award plaintiff a money judgment against the Jackson Parish Police Jury in the amount of $150.00 per month, retroactive to February of 1984?
(2) Did the trial court err in denying plaintiff an unconditional judgment against the State of Louisiana for an additional $50.00 per month compensation pursuant to LSA-R.S. 13:2589?
(3) Was the trial court wrong to award plaintiff the $50.00 per month conditioned upon future legislative appropriation?
(4) Did the trial court abuse its discretion in assessing Mr. Quarles one-third of the court costs?

ISSUE # 1—TERMINATION OF EMPLOYMENT BENEFITS BY THE JACKSON PARISH POLICE JURY

In early 1982 the appellant asked the police jury to assist him in paying justice of *836 the peace office expenses which included rent, utilities and a salary for a full time secretary. On February 8, 1982, the police jury voted to approve a supplemental monthly payment of $150.00 for the appellant's office expenses.[1]

In November of 1983, the appellant was re-elected to another term. He took office in January of 1984 and was then receiving the $150.00 monthly supplement from the parish. On February 13, 1984, the police jury voted to terminate this payment. The record does not indicate why this action was taken but does reveal two reports from the office of the attorney general for the State of Louisiana which concluded that the parish was not obligated to fund the office expenses of the justices of the peace. These reports were not made a part of the record and are not properly before us for review. The trial judge agreed with the police jury that this subsidy was an expense to the parish, not part of the appellant's salary, and that it could be withdrawn.

The appellant argues that the $150.00 per month payment constitutes an increase in his monthly compensation which the Jackson Parish Police Jury cannot decrease during his terms of office.

LAW ON COMPENSATION DUE A JUSTICE OF THE PEACE

Justice of the peace courts are constitutional offices exercising the judicial power of the State of Louisiana and presiding justices are judges within the contemplation of the law. LSA-Const. Art. 5, § 20 (1974); In Re. Wilkes, 403 So.2d 35 (La. 1981). The compensation of a judge may be increased, but shall not be decreased, during the term for which he is elected. LSA-Const. Art. 5, § 21 (1974); Drew v. Parker, 249 So.2d 356 (La.App. 1st Cir. 1971). The statutory authority for fees and salary due a justice of the peace are prohibitive in nature and reflect a legislative intent that this judge receive no other form of compensation. LSA-R.S. 13:2586,[2]*837 2586.1,[3] 2589;[4]Cf. State Ex. Rel. Guste v. City of New Orleans, 363 So.2d 678 (La. 1978) which invalidated a New Orleans city ordinance directing the city to pay one-half of New Orleans' judges' contribution to the state retirement system because it was contrary to legislative intent in enactment of LSA-R.S. 13:691(C) prohibiting judges from receiving additional compensation other than provided for therein. Justices of the peace are not among those judges authorized to receive reimbursement for office expenses. See LSA-R.S. 13:392, 13:698, 13:1341.2. There is no statutory authorization directing either the parish or the state to make any contribution to the office expense of a justice of the peace. See footnotes # 2, 3 and 4.

The record establishes that the $150.00 per month payment was intended to be, and in fact was, reimbursement for the appellant's office expenses. The appellant classified this sum as office rent in his petition and in the interrogatories filed with the petition. The minutes of the Jackson Parish Police Jury for February 8, 1982, and February 13, 1984, refer to the $150.00 sum as an allowance for office expense.

Mr.

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