§ 13:782 — Compensation of clerks

Louisiana § 13:782

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

Text

§782. Compensation of clerks
A.(1) Clerks of district courts of the various parishes shall establish their own rates
of annual compensation for their services, payable out of the clerk's salary fund, which rates
shall not exceed the following amounts based on the applicable population of the respective
parishes, according to the latest United States census or the population estimates published
pursuant to the United States Bureau of the Census Federal State Cooperative Program for
Population Estimates as follows:
Population Compensation
(a) Less than 50,000 $ 88,000
(b) 50,000-200,000 $ 98,000
(c) Over 200,000 $108,000
(d) The annual compensation for each population class shall be increased by four
percent annually through Fiscal Year 2016-2017. The applicable compensation for each
fiscal year shall be used to calculate any compensation granted by Subsection J of this
Section for the fiscal year.
(e) The annual compensation for each population class shall be increased by five
percent annually through Fiscal Year 2027-2028. The applicable compensation for each
fiscal year shall be used to calculate any compensation granted by Subsection J of this
Section for the fiscal year. The additional compensation authorized pursuant to the
provisions of this Paragraph shall become effective if the clerk of a district court publishes
notice of intent to increase his compensation on two separate days in the official journal of
the parish in which the clerk's office is located. The last day of publication of the notice shall
be at least thirty days prior to the date that the clerk of the district court increases his
compensation.
(2) A clerk is eligible to receive a salary increase as provided for by this Subsection
if the clerk completes the annual certification updates and renewal courses as provided for
in Subparagraph (I)(4)(c) of this Section.
(3) Nothing in this Section shall be construed to limit clerks from participation in an
approved state deferred compensation plan as specified in R.S. 42:1301 et seq. A clerk shall
not authorize or receive an employer contribution that would be more favorable than that
offered to the employees of the clerk's office.
B. The governing authority of the parish of Plaquemines may pay the clerk of the
Twenty-fifth Judicial District Court and ex officio recorder for said parish any such
additional compensation for his services as it may deem necessary.
C. Should any clerk of a district court receive an amount less than the maximum
compensation allowed under the population category applicable to such clerk in this section,
due to insufficiency of funds or other cause, and there occurs a surplus in the receipts of his
office during any fiscal year within his term of office, or during any subsequent term or terms
of office for which he is reelected, he shall receive out of any such surplus an amount
sufficient to maintain his maximum annual compensation at the rate provided by law.
D. In no case shall the amount of compensation received by any clerk of a district
court for his services be less than nine hundred dollars per month, which sum is hereby fixed
as the minimum monthly salary for any such clerk. In the event a sufficient amount is not
earned from all of the fees collected by his office to provide for said minimum monthly
compensation, during his term of office, or any subsequent term or terms of office for which
he is re-elected, the difference between the amount earned and said minimum monthly
compensation shall be paid such clerk, on his own warrant, by the governing authority of his
parish.
E. All of the maximum rates of compensation provided by this section shall be due
and payable to the various clerks of the several district courts from all of the fees collected
by their offices, after the salaries of deputies and assistants and any and all other expenses
have been paid, as provided in R.S. 13:783(A).
F. Any clerk of a district court who agrees to share any part of his compensation
provided in this section with any other person shall forfeit his office for gross misconduct
upon conviction by a court of competent jurisdiction.
G. Notwithstanding any provision of this section or any other law to the contrary, no
clerk of the district court for any parish, Orleans excepted, shall have his salary reduced
because a later official United States Census shows the population of such parish to have
decreased so as to place such parish within a lower population category upon which the
compensation of the clerk of the district court of such parish is based as provided in this
section.
H. In addition to the above salary each individual clerk of the judicial district courts,
including the register of conveyances and the recorder of mortgages for the parish of Orleans,
shall be granted ten percent of his annual compensation as an expense allowance.
I.(1) The Louisiana Clerks' of Court Certification program is hereby established to
formalize and recognize the professional standards of clerks of court in the state.
(2) Objectives. The clerks' of court certification program is designed to provide
practical learning experiences which establish a curriculum that will enable the clerks of
court to learn the requirements of their elected office and to establish additional professional
bonds of achievement. The program will accomplish these goals by introducing clerks to
new ideas that will enhance effective performance in public service; increasing the clerk's
managerial competence to meet the changing environment of their parish and community;
creating opportunities to enhance professional development through attendance and
involvement in respective state associations; emphasizing the clerk's role as a public official
and the need for continued maintenance of high standards for the clerk's office; and providing
recognition for the attainment of enhanced managerial and administrative skills.
(3) Eligibility. Only those persons holding the office of clerk of a district court shall
be eligible for participation in the clerks' of court certification program.
(4)(a) Requirements. The requisite education and training will be provided through
courses of the Louisiana Clerks of Court Institute (LCCI), a continuing education program
for clerks of court, offering academic training leading to professional accreditation, which
was established through the Governmental Services Institute at Louisiana State University.
Education and training may also be provided through courses at other state institutions of
higher education or institutions of training approved by the International Association of
Clerks, Recorders, Election Officials and Treasurers (IACREOT) or Louisiana Clerks of
Court Association (LCCA). All such instruction shall be offered and directed toward the
attainment of the certification and maintenance of said certification.
(b)(i) A total of fifty points must be earned to meet the requirements of the
professional certification program. Thirty points must be achieved under Category I -
Education and twenty points must be achieved under Category II - Experience.
(ii) Category I - Education (30 points required) Satisfactory completion of the Clerks
of Court Institute approved by the Louisiana Clerks of Court Association (LCCA) or the
International Association of Clerks, Recorders, Election Officials and Treasurers
(IACREOT). Each session of the Clerks of Court Institute shall be twenty-five contact hours
which shall equal fifteen points. A bachelor's degree in a related field may be used as fifteen
points toward the satisfaction of the requirements of this category.
(iii) Category II - Experience (20 points required) Experience as a full time Clerk of
Court shall qualify for one point per year, with a maximum of ten points. Experience as a
full time deputy clerk shall qualify for one-half point per year, with a maximum of ten points.
Other full time administrative position on local government shall qualify for one-half point
per year, with a maximum of ten points. Full time administrative position in business shall
qualify for one-half point per year, with a maximum of five points. Relevant university or
college credited courses shall qualify for one-half point per course, with a maximum of five
points.
(c) The clerks of court certification program will provide training opportunities and
challenges for clerks of court completing the certification program to remain current with the
latest developments by providing update and renewal courses on an annual basis. The
general requirements for update and certification renewal will be the completion of an
additional fifty points every four years. If these requirements are not met, the clerk of court
will lose certification and certification compensation until recertification requirements are
met.
(d) Notwithstanding any provision of this Subsection, any clerk of court, including
any clerk in the parish of Orleans, who has served fifty or more years in office as clerk shall
be deemed certified under the requirements of this Subsection and shall not be required to
personally attend certification renewal courses as required in this Subsection; however, such
a clerk shall designate an employee of his office to attend certification renewal courses on
his behalf.
J.(1) The clerks of court certification program committee is hereby created to govern
the certification program. The certification committee shall be composed of five members
who shall serve one year terms and who may be reappointed. The members shall be
appointed as follows:
(a) One member shall be the chairman of the Education Committee of the Louisiana
Clerks of Court Association who shall serve as chairman of the committee.
(b) One member shall be the Program Coordinator or a representative of the
Governmental Services Institute at Louisiana State University.
(c) Three members shall be clerks of court who have achieved certification.
(2)(a) Documents showing the successful completion of the certification program
shall be submitted to and approved by the certification committee. Upon approval of the
application for certification, a person holding the office of clerk of court shall receive the
designation of Certified Clerk of Court, (CCC), and notice of the approval shall be forwarded
to the legislative auditor by the certification committee.
(b) If, on July 1, 1990, a clerk has completed the educational and experience
requirements as provided in Subsection I of this Section and the documents showing the
successful completion of the program have been submitted to and approved by the
certification committee and said approval documented to the legislative auditor, the clerk
shall be granted a seven percent increase in compensation to his annual salary as set forth in
Subsection A of this Section.
(c) A clerk shall complete the requirements of Paragraph I(4) of this Section in order
to receive and retain the seven percent compensation enhancement. If a clerk does not
complete the certification program as provided in Subsections I and J of this Section, or if
after certification a clerk does not receive certification renewal within each four year period,
his salary shall revert back to the salary scale provided for in Subsection A of this Section.
K. Repealed by Acts 2013, No. 380, §2, eff. June 18, 2013.
L. Repealed by Acts 1995, No. 329, §1.

Legislative History

Acts 1990, No. 132, §1; Acts 1990, No. 836, §1, eff. July 1, 1990; Acts 1991, No. 262, §1; Acts 1992, No. 595, §1; Acts 1995, No. 329, §1; Acts 1995, No. 536, §1, eff. June 18, 1995; Acts 1997, No. 470, §1; Acts 1999, No. 797, §1; Acts 1999, No. 1216, §1; Acts 2003, No. 157, §1; Acts 2004, No. 236, §1; Acts 2006, No. 724, §1; Acts 2007, No. 77, §1; Acts 2013, No. 380, §§1, 2, eff. June 18, 2013; Acts 2024, No. 697, §1, eff. July 1, 2024.