§713. Commissioners; duties; powers; contempt
A.Commissioners of the Nineteenth Judicial District Court shall perform such duties
as are assigned to them by the chief judge of the district in accordance with rules which shall
be prescribed by the elected judges of the court, not inconsistent herewith or with the
constitution and laws of the state. Such duties shall include but shall not be limited to
hearing and recommendation of disposition, when necessary, of any civil, criminal, or
domestic violence matter which may be assigned by rule of court or by any judge of the
Nineteenth Judicial District Court and hearing and recommendation of disposition, when
necessary, of criminal and civil proceedings arising out of the incarceration of state prisoners.
In such proceedings, the commissione
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§713. Commissioners; duties; powers; contempt
A. Commissioners of the Nineteenth Judicial District Court shall perform such duties
as are assigned to them by the chief judge of the district in accordance with rules which shall
be prescribed by the elected judges of the court, not inconsistent herewith or with the
constitution and laws of the state. Such duties shall include but shall not be limited to
hearing and recommendation of disposition, when necessary, of any civil, criminal, or
domestic violence matter which may be assigned by rule of court or by any judge of the
Nineteenth Judicial District Court and hearing and recommendation of disposition, when
necessary, of criminal and civil proceedings arising out of the incarceration of state prisoners.
In such proceedings, the commissioners may hold hearings at the facilities where the state
prisoners are incarcerated.
B.(1) Over matters pending in the Nineteenth Judicial District Court, commissioners
shall have all powers of a district judge not inconsistent with the constitution and laws of the
state and the United States nor with the rules of the court and their assigned duties.
(2) In criminal matters, the powers and duties of the commissioners shall include but
are not limited to the power to:
(a) Administer oaths and affirmations.
(b) Take acknowledgments, affidavits, and depositions.
(c) Sign orders.
(d) Act on felony and misdemeanor charges.
(e) Hear and dispose of preliminary motions prior to filing the bill of information or
indictment and make recommendations, when necessary, to the district judge.
(f) Fix bail.
(g) Sign and issue search and arrest warrants upon probable cause being shown and
in accordance with law.
(h) Conduct seventy-two hour hearings or call out. For purposes of this
Subparagraph, the term "call out" refers to an individual's initial appearance before the
criminal court judge on duty in order to appoint counsel and set or review bail on each
pending charge if the commissioner finds probable cause to support the charge.
(i) Sign waivers of extradition only upon written consent of the defendant and the
expressed waiver of the defendant's right to have his extradition heard by a district court.
(j) Supervise defendants sentenced under the provisions of the specialty courts in
accordance with the policies established by the judges of the Nineteenth Judicial District
Court.
(k) Supervise all conditions of bail bonds.
(l) Issue protective orders if a condition of bail or if required by statute.
(m) Repealed by Acts 2025, No. 272, §2.
(3) In civil matters, the powers and duties of the commissioners shall include but are
not limited to the power to:
(a) Administer oaths and affirmations.
(b) Take acknowledgments, affidavits, and depositions.
(c) Repealed by Acts 2025, No. 272, §2.
(d) Conduct hearings regarding protective orders.
(4) A commissioner shall not have the power to adjudicate cases, except as provided
in Subsection E of this Section and except to render and sign judgments and orders
confirming judgments by default after receipt of proof sufficient to establish a prima facie
case as required by law. A commissioner may sign any and all orders which clerks of court
are authorized to sign pursuant to Code of Civil Procedure Article 283.
C.(1) When a case is referred to a commissioner by rule of court or assigned to a
commissioner by a judge of the Nineteenth Judicial District, or has been allotted to a
commissioner because the proceedings arise out of incarceration of state prisoners, the
commissioner shall receive all evidence and prepare a written report of his findings which
shall contain the following elements:
(a) A statement of the pleadings.
(b) A statement of the facts as found by the commissioner.
(c) An opinion based on the pleadings and facts.
(d) A judgment as he determines should be rendered with the recommendation to the
judge that it be made the judgment of the court.
(2) In such cases, the commissioner shall file his proposed findings and
recommendations with the court, and a copy shall forthwith be mailed, postage prepaid, to
all parties or their counsel of record.
(3) Any party, within ten days after transmittal of such copy, may traverse such
findings or recommendations in writing in such manner as shall be specified by the rules of
the district court.
(4) If exceptions are filed to the report within ten days, the judge may set them down
for hearing and, at the most convenient time, may hear argument and decide the exceptions
on the record as made before the commissioner.
(5) The judge may accept, reject, or modify in whole or in part the findings or
recommendations made by the commissioner and also may receive further evidence or
recommit the matter to the commissioner with instructions.
D. A commissioner shall have the same powers as a judge to punish for contempt
of court, as set forth in Code of Civil Procedure Articles 221 through 227.
E.(1) A commissioner may conduct any or all proceedings on any matter pending
before the court and order the entry of judgment in any case where the parties consent to the
matter being heard and adjudicated by the commissioner. Each judgment so entered shall
be signed by a judge of the district. The clerk of court, at the time the action is filed, shall
notify the parties of their right to consent to the exercise of such jurisdiction. The decision
of the parties shall be communicated to the clerk.
(2) An aggrieved party may appeal a judgment of the commissioner rendered
pursuant to the authority of this Subsection in the same manner as an appeal from any other
judgment of a district court.
F. The commissioner shall use the title of judge ad hoc in the performance of his
duties under the provisions of this Section.
G. The commissioner shall rule on all matters of evidence in the same manner and
in the same form as are prescribed by the constitution and laws of this state relative to judges
of the district court for the Nineteenth Judicial District.
H. In those cases which are assigned to the commissioners under Subsection A of
this Section, any pending exceptions, motions for summary judgment, or other incidental
matters shall be heard by the commissioner to whom the case has been assigned, and all
rulings and judgments on all such incidental matters may be signed by the district judge
immediately upon receipt by him of the commissioner's recommendation without the
necessity for compliance with the provisions of Subsection C of this Section.
{{NOTE: SEE ACTS 1988, NO. 290, §2.}}