§ 13:2492 — Number of judges; qualifications; election; salary; vacation

Louisiana § 13:2492

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§2492. Number of judges; qualifications; election; salary; vacation
A.(1) The Municipal and Traffic Court of New Orleans shall consist of eight
judgeships through December 31, 2020. Thereafter it shall consist of seven judgeships.
(2) Each judge shall be an attorney at law elected by the qualified electors of the
parish of Orleans. Each judge shall not be less than thirty years of age. Each judge shall have
practiced law in the state for at least eight years preceding his election and shall be domiciled
in the parish of Orleans for at least two years prior to his election.
(3) Each judge shall preside over a separate and distinct division of the court.
(4) Through December 31, 2020, the divisions of the court shall be designated
alphabetically as Division "A", Division "B", Division "C", Division "D", Division "E",
Division "F", Division "G", and Division "H".
(5) Division "H" and the judgeship for Division "H" shall be abolished December
31, 2020, effective at midnight. The other divisions shall remain unchanged as previously
designated Divisions "A" through "G".
(6) A vacancy in Divisions "A" through "G" shall be filled by election to that
division as provided in this Section.
(7)(a)(i) Notwithstanding any other provision of the law to the contrary, the judges
presiding over Divisions "A" through "E" shall not engage in the practice of law nor share
in the profits, directly or indirectly, of any law firm or legal corporation, except any judge
may serve as the attorney member of a medical review panel pursuant to R.S. 40:1231.8 or
1237.2.
(ii) The judges assigned to Divisions "A" through "E" shall receive a salary equal to
a district judge but not more than the salary paid, from all sources, to the district court judges
in and for the parish of Orleans, of which the amount payable by the state to city judges of
the state shall be paid by the state and the remainder shall be payable by the city of New
Orleans. The salary shall be payable monthly by his own warrant.
(b)(i) Beginning at midnight on December 31, 2023, notwithstanding any other
provision of the law to the contrary, the judge presiding over Division "F" shall not engage
in the practice of law nor share in the profits, directly or indirectly, of any law firm or legal
corporation, except the judge may serve as the attorney member of a medical review panel
pursuant to R.S. 40:1231.8 or 1237.2.
(ii) He shall receive a salary equal to a district judge but not more than the salary
paid, from all sources, to the district court judges in and for the parish of Orleans, of which
the amount payable by the state to city judges of the state shall be paid by the state and the
remainder shall be payable by the city of New Orleans. The salary shall be payable monthly
by his own warrant.
(c)(i) Beginning at midnight on December 31, 2030, notwithstanding any other
provision of the law to the contrary, the judge presiding over Division "G" shall not engage
in the practice of law nor share in the profits, directly or indirectly, of any law firm or legal
corporation, except the judge may serve as the attorney member of a medical review panel
pursuant to R.S. 40:1231.8 or 1237.2.
(ii) He shall receive a salary equal to a district judge but not more than the salary
paid, from all sources, to the district court judges in and for the parish of Orleans, of which
the amount payable by the state to city judges of the state shall be paid by the state and the
remainder shall be payable by the city of New Orleans. The salary shall be payable monthly
by his own warrant.
B. Each of the judges shall be elected for an eight-year term at the regular
congressional election held immediately preceding the expiration of such term. Every term
shall expire on December thirty-first of the last year thereof. Any vacancy in the court for
any cause where the unexpired term is less than one year shall be filled temporarily by
appointment by the Louisiana Supreme Court until the next succeeding congressional
election, at which time such vacancy shall be filled for the remainder of the unexpired term
by election. All judges so elected shall take their office on the first day of January following
their election.
C. Each of the judges of the Municipal and Traffic Court of New Orleans shall have
annual vacation not to exceed thirty days, the time to be fixed by the rules of the court.
D. Whenever any of the judges are temporarily absent because of court business,
illness, or while on vacation, a judge ad hoc may be selected pursuant to the rules of the
Louisiana Supreme Court to serve during the period of such temporary absence. The judge
ad hoc shall have the qualifications for election to the office, and his compensation shall be
determined by the judges en banc and shall be payable by the city of New Orleans pursuant
to warrant of the judge who is temporarily absent.
E. The judge of the Municipal and Traffic Court of New Orleans having the most
seniority shall become the administrative judge during his tenure of office and,
notwithstanding any other provision of law to the contrary, shall not engage in the practice
of law or share in the profits, directly or indirectly, of any law firm or legal corporation,
except the judge may serve as the attorney member on a medical review panel pursuant to
R.S. 40:1231.8 or 1237.2. The administrative judge of the Municipal and Traffic Court of
New Orleans shall possess the same qualifications that are required of district court judges.
He shall receive a salary equal to a district judge but not more than the salary paid, from all
sources, to the district court judges in and for the parish of Orleans, of which the amount
payable by the state to city judges of the state shall be paid by the state and the remainder
shall be payable by the city of New Orleans. The salary of the administrative judge shall be
payable monthly on his own warrant. Should the senior judge decline the position of
administrative judge, then the judges of the municipal and traffic court, sitting en banc, shall
choose a judge to assume the position.

Legislative History

Amended by Acts 1952, No. 176, §1; Acts 1954, No. 404, §1; Acts 1960, No. 91, §1; Acts 1971, No. 141, §1; Acts 1975, No. 757, §1; Acts 1989, No. 718, §1; Acts 1993, No. 838, §1; Acts 2011, No. 339, §1; Acts 2014, No. 845, §1, eff. Jan. 1, 2017; Acts 2016, No. 631, §1, eff. Jan. 1, 2017; Acts 2020, No. 37, §1, eff. June 4, 2020; Acts 2022, No. 162, §1.