§ 15:1178 — Judicial screening

Louisiana § 15:1178

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

NOTE: This provision of law was included in the Unconstitutional Statutes
Biennial Report to the Legislature, dated March 14, 2016 .
§1178. Judicial screening
A. When a clerk of court receives a petition for judicial review filed
under the provisions of R.S. 15:1177, the clerk shall transmit the petition to the
appropriate division or official of the court prior to taking any action on the
petition.
B. The court, as soon as practicable after receiving the petition, shall
review the petition to determine if the petition states a cognizable claim or if
the petition, on its face, is frivolous or malicious, or fails to state a cause of
action, or seeks monetary damages from a defendant who is immune from
liability for monetary damages.
C. If the court determines that the petition states a cognizable claim, the
court shall return the petition to the clerk of court for service of process.
D. If the court determines that the petition, on its face, is frivolous, or
fails to state a cause of action, or seeks monetary damages from a defendant
who is immune from liability for monetary damages, the court may dismiss the
petition, or any portion of the petition, without requiring the exhaustion of
administrative remedies.

Legislative History

Acts 1997, No. 716, §1.