Chapter 5
THE JUDICIAL BRANCH
person accused of a crime. This is a criminal
case.
The courts serve as the judicial branch of
government. A national, or federal, court system handles cases involving federal laws and
the federal constitution. Also, each state has
its own court system which handles cases
involving state laws and the state constitution.
The second purpose is to act as a check, or
to limit, the power of the legislative and executive branches. During the course of a trial, a
court may find that a law passed by the
Legislature is unconstitutional. This means
the court believes the law conflicts with the
state or federal constitution and therefore
should not be enforced. When a court reviews
the constitutionality of a law, it exercises the
power of judicial review. It is through judicial
review that the courts check the power of the
Courts at either the national or state level
serve three major purposes. The first is to
resolve disputes between individuals or organizations. This requires determining what actually happened between the disputing parties and
then deciding who is right. This is called a civil
case. The courts also determine the guilt of a
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legislative and executive branches.
bring criminal charges, testify as witnesses, and
serve on juries. They may also sue individuals,
corporations, or governments they believe have
wronged them.
Courts are also asked to look at laws that
are unclear or poorly written. In this case, a
court may be asked to help define the meaning
or legislative intent of a law when someone
questions what the law is supposed to do.
Legislative intent is what the legislators wanted
the law to do or intended when they passed it
during a legislative session. A court may examine the records of the Legislature to decide
how the Legislature wanted the law enforced.
In this way, a court may interpret a law and
broaden or restrict its meaning.
Although most citizens are not always
actively participating in the justice system, its
daily operations affect every citizen. Every day,
cases are decided that send criminals to jail, that
affirm and protect citizens’ constitutional
rights, or that change or interpret the laws.
LOUISIANA LAW
Louisiana law differs from the law in the
other 49 states. This is because Louisiana was a
French and Spanish colony, and the other
colonies that formed the United States were
English. The legal system in England differs
greatly from the French and Spanish legal systems. Some of those differences are still evident in Louisiana law today.
When determining the constitutionality of
laws, the courts often protect the rights of individual citizens. This is the third purpose of the
courts. A main reason for writing constitutions
is to guarantee certain basic rights to everyone.
Sometimes legislatures pass laws that conflict
with these basic rights. When the court decides
such a law is unconstitutional, it is protecting
the individual rights listed in the constitution.
English law had no written list of “rules.”
Judges in the king’s courts simply decided cases
based on local customs. When a new case came
to court, judges reviewed past decisions to see
if any of the rules in those decisions applied to
the new case. Precedent refers to decisions
made based on how similar cases in the past
were decided. This type of law came to
America with the first English settlers. This
common law was used in the 13 original
colonies, and then spread to the rest of the
United States.
For example, both the Louisiana and U.S.
constitutions guarantee that no one shall be
deprived of life, liberty, or property except by
due process of law. Due process means that
specific procedures must be followed before
any citizens can be denied the right to life, liberty, or property. If a person is accused of
committing a crime, due process requires the
person receive a fair trial before being imprisoned.
In contrast, the law used in Louisiana when
it was a colony was called civil law, or code
law. Louisiana’s code law is largely based on
the laws of France (mainly the Code of
Napoleon) and Spain which were based on the
ancient Roman civil codes. These codes are
highly organized with interrelated lists of numbered rules. In a code system, judges are supposed to apply the appropriate sections of the
code to the case at hand. However, judges
sometimes “make” laws by the way in which
they interpret and apply the laws in the code.
The judicial branch involves more than just
the courts. Other vital participants include the
police, sheriffs, marshals, constables, state
attorney general, district attorneys, public
defenders, clerks of courts, coroners, private
attorneys, prisons, and probation and parole
officers.
Citizens also play major roles in the judicial
branch. Citizens elect judges, district attorneys
and other court officers, report crimes and
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property gives spouses equal rights to property acquired during a marriage. This legal concept, which derives from Spanish law, has
spread to other states.
TYPES OF LAW
The two basic types of law are civil and
criminal. Civil law refers to the laws that govern
the private relationships between an individual
and another person, a business, or a government. This type of law deals with the rights,
duties, and responsibilities people have to each
other and to entities such as businesses and
governments.
In a code system, when a case comes to
court, the judge first considers the code. He or
she finds the book, chapter, and title headings
to find the exact rule that controls and will settle the dispute in the case. After that, he or she
may consider past decisions using that rule to
get more information on its exact meaning or
on how to apply it in a specific situation.
A civil lawsuit, or suit, is an action that asks
a court to settle a dispute. A person may bring
a suit against another because he or she wants
to collect damages, or money payment, for a
loss caused by the other person’s negligence.
Negligence is a careless or reckless act by a person or group. For example, a civil suit might
seek damages for injuries resulting from an
auto accident or a vicious pet.
Louisiana retained the civil code even after
becoming a state because most of the state’s
settlers were French or Spanish and were familiar with the civil code system. To change the
law to English common law would have confused people. Over time, however, Louisiana’s
law and the law in other states have become
more similar.
A civil suit might also request an injunction, a court order to prevent or stop an action
that will cause harm. For example, a group of
citizens may sue for an injunction against a
chemical plant to prevent it from dumping hazardous waste. The court may also be asked to
require a public officer or agency to obey or
enforce a law.
For example, all states now have written
laws called statutes. In Louisiana, the civil
code mostly lists general principles of what
people should do. The statutes then fill in the
gaps and regulate the details the civil code does
not address. Also, modern topics like driving,
public education, and pollution developed in all
states about the same time. As a result, these
laws are often similar.
Civil law also covers property rights and
family matters such as divorce, child custody,
and inheritance.
Any person, business, organization, or government may sue or be sued. The person, called
a party, who initiates the suit in a civil case is
the plaintiff. The party being sued is the
defendant. In a civil case, the decision of who
has won is based on the preponderance of
evidence. This means the winning side presented a more convincing case or argument,
However, the civil code still includes some
unique concepts. For example, community
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In a criminal case, the state is the plaintiff
on behalf of the state’s citizens. The state acts
as the prosecutor against a person charged
with violating a criminal law. The prosecutor’s
job is to seek punishment for those who violate
the law. The accused person is the defendant.
Convicting an accused person means finding
him or her guilty.
Louisiana has a criminal code as well as a
civil code. Louisiana’s Criminal Code classifies
crimes by type and severity and outlines penalties. The two basic categories of crimes are
felonies, or major crimes, and misdemeanors, or lesser crimes. A felony is a crime
subject to a sentence of imprisonment with
hard labor. A capital crime is a felony for
which the punishment may be the death sentence. A misdemeanor is any crime that is not a
felony.
When someone commits a crime, he or she
is arrested and formally accused of the crime.
In a criminal case, the accused is presumed
innocent until proven guilty. Every benefit of
doubt is given to an accused person. To convict, the state must prove in court guilt beyond
a reasonable doubt. This is a much more difficult standard of proof to meet than the “preponderance of the evidence” required in civil
cases. “Beyond a reasonable doubt” generally
means that there is not a good explanation that
might indicate the accused is innocent of the
crime. This higher standard of proof is
required because the rights at stake in a criminal trial are so important.
even if both were very good.
Figure 4 provides an illustrative description
of the criminal justice process in “The Case of
the Purloined Candelabrum.”
While civil law basically governs the relationship between individuals, criminal law governs the relationship between individuals and
society. Criminal law protects society by making certain actions illegal, either with state laws
passed by the Legislature or local laws, called
ordinances, passed by local governments.
LOUISIANA COURT SYSTEM
The Louisiana court system consists of the
Supreme Court, five courts of appeal, and 47
district courts. It also includes various smaller
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pay medical bills from a car accident. Usually
the petition is prepared and filed by the plaintiff ’s attorney.
The court then sends a sheriff to serve, or
personally deliver, a copy of those papers to
the defendant. Along with the copy is also a
citation, an order for the defendant to appear
in court for the trial of the case.
The defendant’s attorney will file an
answer to the petition with the clerk of court.
The answer addresses each of the points raised
in the petition and disputes those with which
the defendant disagrees.
At the trial, both parties and their lawyers
come to court. Each side makes an opening
statement to the judge and the jury, if there is
one. Each side may call witnesses to testify.
Testifying is answering questions about the
case after taking an oath to tell the truth. Each
side may also present physical evidence in the
case, such as papers, x-rays, or pictures. When
both sides finish, each makes a closing statement. The judge or jury will consider the evidence and the law and then decide who wins
the case. Often, the losing side will be unhappy
with the decision and appeal it to the Court of
Appeal to try to get the decision changed.
courts such as city, parish, mayor’s, and justice
of the peace courts. (See Figure 5.)
District Courts
The district courts are the main trial courts
in Louisiana. Unless a case is first brought in a
smaller local court (like parish court or city
court), it is heard first in the district court. If
the case is first brought to one of those smaller courts, the loser may decide to ask the district court to retry the case.
There are 40 numbered judicial districts,
each with one district court. In addition,
Orleans Parish has one district court for civil
cases and another for criminal cases. Each district covers between one and three parishes.
From one to 16 judges serve on each district
court depending on the district’s population
and the number of cases assigned to the court.
In a civil case, either side can appeal. A
loser often appeals because he or she thinks the
decision is wrong, but sometimes the winner
appeals, usually because the money awarded is
not as much as he or she believes is deserved.
In a criminal case tried by a jury, a convicted
defendant may appeal.
To bring a civil suit to trial, a plaintiff files
a petition with the clerk of court in the appropriate district. The petition is a written complaint against the person being sued. It is also a
request for the court to grant the plaintiff a
remedy against that person. For example, it
might request money from the defendant to
In district courts, over 700,000 civil, criminal, and traffic cases are filed annually. Fewer
than half of 1 percent of the cases ever go to
jury trial. The district courts hold less than
2,000 jury trials each year. State law does not
allow jury trials for minor crimes or civil lawsuits involving less than $50,000.
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Figure 4
“The Purloined Candelabrum”
The Criminal Justice Process in Action
Commission
of the Alleged Offense
Investigation
By Police
Victim Reports Crime
Judge signs warrant to search suspects
home and evidence is found
Post Bond
Bail Hearing
or
Everyone is entitled to bail,
except in capital cases, but
may be denied bail for
felony drug offenses and
violent crimes.
Suspect puts up security to
assure court appearance and
goes home
Stay in Jail
If suspect can not post bail
Arrest
With or without warrant
Police Advise Suspect of Rights
“Mirandize”
Judge considers many
factors in setting bail; risk of
flight, danger to others, etc.
Rights:
• To remain silent
• To not incriminate self
• To have an attorney or to be
provided one if can’t afford
• To communicate with friends or
attorney (phone call)
Preliminary Hearing
May be held to determine if there is probable cause
to hold suspect under bond
Institute Prosecution
District Attorney Review
of the file to determine
1) if a crime
has been
committed
2) the
appropriate
criminal charge
D.A. has control of criminal prosecutions.
By issuing formal charges either by:
1) Indictment by Grand Jury
2) Bill of Information filed by D.A.
D.A. seeks indictment by grand jury in life or death cases and
some other serious crimes.
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To Arraignment (next page)
Pretrial Motions
Arraignment
Defense Attorney may file
motions to:
• Hold a preliminary exam
• Quash the indictment
• Change the venue
• Hold insanity
proceedings
• Recuse a judge or D.A.
• Continue (delay) the trial
• Allow discovery and
inspection of D.A.‘s evidence
• Have the evidence
excluded (thrown out)
Charge is read and defendant pleads
one of four ways
3.
4.
1.
2.
Not Guilty
Not Guilty by
reason of insanity
Guilty
Nolo Contendere (does not
contest charges or admit guilt)
Trial
Sentencing
1.
2.
3.
4.
Is delayed after
conviction for presentence investigation.
5.
6.
7.
8.
Conviction
•
Order of Trial
Selection and swearing of jury
Reading of indictment
Reading of defendant’s plea
Opening statements by D.A. and
defendant’s attorney
Evidence presented
Closing arguments
Judge charges jury on the law and
possible verdicts
Jury deliberation
9. Announcement of verdict or judgment
9.
10. Discharge of jury
Acquittal
Post-Conviction Relief
•
•
•
•
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Appeals
Arrest of Judgment
New Trial
Pardon
Home
Free
From Previous Page
Figure 4 (cont)
“The Purloined Candelabrum Part 2”
Figure 5
Louisiana Court Structure
Supreme Court
of Louisiana
Court of Appeal
First Circuit
Baton Rouge
District
Court
16
Parishes
East
Baton
Rouge
Family
Court
Court of Appeal
Second Circuit
Shreveport
East
Baton
Rouge
Juvenile
Court
District
Court
20
Parishes
13 City Courts
1 Parish Court
Court of Appeal
Third Circuit
Lake Charles
Caddo
Parish
Juvenile
Court
Court of Appeal
Fourth Circuit
New Orleans
District
Court
District
Court
21
Parishes
3
Parishes
22 City
Courts
10 City Courts
Orleans
Parish
Juvenile
Court
4 City Courts
Court of Appeal
Fifth Circuit
Gretna
District
Court
4
Parishes
Jefferson
Parish
Juvenile
Court
2 Parish Courts
Approximately 250 Mayor’s Courts
Approximately 390 Justices of the Peace
Source: Judicial Council of the Supreme Court of Louisiana, 2002 Annual Report..
Louisiana has five courts of appeal. The
state is divided into five areas called circuits.
Each circuit contains one court of appeal
identified as the First Circuit, Second Circuit,
etc. Each circuit consists of at least three of
the state’s district court districts.
One reason there are so few jury trials is
because juries for civil trials are very
expensive. Potential jurors as well as chosen
jurors receive payments for their service. In
addition, the parties to a suit must pay various
fees and deposits to the court. Another reason
is the uncertainty of a jury trial. It is very
difficult to predict how a jury will decide a
case. Thus, it is often in the best interests of
both sides to agree on a settlement before trial.
The judges for each circuit’s court of
appeal are elected by the voters who reside in
the area the circuit represents. Each court of
appeal has a panel of three judges to hear its
cases. The primary role of the courts of appeal
is to review the decision of the lower court
and correct any mistakes.
Louisiana Courts of Appeal
The party who loses a case may decide to
ask a higher court to review it. The courts
which review the decisions of lower courts are
called appellate courts, or courts of appeal.
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In Louisiana when a civil case is appealed,
the findings of both the law and the facts in the
case may be questioned and reviewed. This
means that a fact determined by the district
court can be questioned and changed on
appeal. An example of a fact determination is
who is at fault in a car accident. Mistakes in the
application of the law or following proper trial
procedures can also be corrected on appeal.
Louisiana Supreme Court
The highest court in the state judicial system is the Supreme Court of Louisiana. It consists of a panel of seven judges called justices.
One justice is elected by voters in each of
seven districts. The supreme court’s main purpose is exercising appellate jurisdiction as the
court of last resort. The supreme court makes
the final decision in cases appealed from the
lower courts, unless the case involves a principle found in federal law which can be further
appealed to the U.S. Supreme Court. After
reviewing the record of the district court and
the opinion of the court of appeal, four of the
justices must concur, or agree, to render judgment. To render judgment means to announce
the judgment (or decision) of the court in a
given case.
In a criminal appeal, only questions of law
are reviewed. This is because appellate courts
do not see the evidence and witnesses as the
trial judge did. Witnesses’ credibility, or how
truthful they seem, is very important in the
finding of facts in criminal trials.
The appellate courts see only the record
from the lower court. The record contains a
detailed, written account of everything said or
presented at the trial as well as all the papers
filed in the case. The appellate courts also let
the attorneys present an oral argument for their
side and file briefs to explain their side of the
case.
There are two types of court cases that can
be appealed directly to the supreme court without first being heard by a court of appeal. One
is a case in which a law or ordinance has been
declared unconstitutional. The other is one in
which the defendant has been sentenced to
death. Between 20 and 40 of these types of
appeals are filed each year with the supreme
court.
Sometimes an error occurs in the trial
court’s decision, but the appellate court wants
to do more than just correct it using the written record as its guide. In those cases, the
appellate court can point out the error and
remand or send the case back to the lower
court with instructions to change the decision.
Typically, cases other than these two types
go to the court of appeal first. If a party is still
unhappy with the decision, he or she may ask
the supreme court to hear the appeal. However,
the supreme court may choose whether it will
review the case or whether the court of
appeal’s decision will be final.
Appellate court judges decide cases by
majority agreement. The only exception is to
modify or reverse a district court’s decision in a
civil case. In that situation all the judges must
agree. If even one judge disagrees, the case is
argued again before a five-judge panel, and
then a majority vote is final.
Annually, the court receives over 3,000
requests (called writs) to review cases but gives
an opinion on less than 10 percent of these
cases. While many may wish to fight their case
“all the way to the supreme court,” few ever
make it that far. In general, only cases that deal
with issues not previously considered or
unclear areas of the law are reviewed by the
supreme court. The supreme court is the only
The courts of appeal annually receive about
4,000 cases which they are required to review
and another 6,000 requests to review cases
which may be heard at the courts’ discretion.
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court that can overrule or change its previous
decisions.
If a justice agrees with the decision but
believes the reasoning is wrong, he or she may
write a concurring statement to say how he or
she believes the court should have viewed the
case. A justice who does not agree with the
majority’s opinion may write a dissent explaining how he or she would have decided the case
differently and why.
The supreme court has general supervision
over all the other courts and sets some of the
rules they must follow. It also advises them. For
example, sometimes the lower courts ask the
supreme court for help in deciding a case or
certain issues in a case. Other times, the
supreme court will order a court of appeal to
send it a certain case for decision rather than
wait for it to be decided below and then
appealed. The court may also appoint temporary, or ad hoc, judges as needed in any court
in the state.
Juvenile and Family Court
Juvenile and family matters are typically
handled in district court. However, the state’s
four largest parishes, East Baton Rouge,
Caddo, Jefferson, and Orleans, have juvenile
courts that are separate from their district
court. These juvenile courts hear cases of juvenile delinquency, abandonment, neglect, custody, adoption, and other problems involving
children.
When the supreme court decides a case, its
interpretation of the law in question becomes
part of the law. The lower courts must apply
that “law” to similar cases they decide. One justice will be appointed to write the opinion of
the court. The opinion is the written decision
and explains the law and the reasoning behind
the decision.
Juvenile law provides special procedures for
determining the guilt and detention of a person
under age 17 who is accused of committing a
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There is no separate court for small claims,
although each city court may set up one or
more divisions to handle minor disputes. The
small claims court only hears cases involving
claims of $3,000 or less. The procedures are
simplified, costs are kept to a minimum, and
the person bringing suit usually argues his or
her own case without an attorney. No transcript is recorded. Plaintiffs who sue and lose in
small claims court have no right to appeal the
decision. The judge may refer a case to an
attorney to arbitrate, or negotiate and decide
the case, if the parties agree that the attorney’s
decision will be final.
crime. However, 15- and 16-year-olds charged
with some major crimes may be tried as adults
in the district courts.
East Baton Rouge Parish also has a separate
family court. The family court handles divorce,
separation, and other family problems. When a
parish has a family or juvenile court, relevant
cases must first be heard there.
Smaller Courts
Several courts with limited jurisdiction exist
below the district courts. These are the city
courts, parish courts, mayor’s courts, and justice of the peace courts. Most smaller civil
suits, like traffic cases and small debt collection
cases, are filed in these smaller courts rather
than in the district courts. This is because the
cost of filing the suit, or the filing fee, is lower.
Approximately 250 mayor’s courts operate
within towns and villages with populations less
than 5,000. Some also serve the areas outside
municipal limits. These courts have jurisdiction
over all municipal ordinance violations unless
there is a city court with such jurisdiction.
The mayor of the municipality serves as
judge or, at the mayor’s request, an attorney
may be designated as magistrate. A magistrate
is not a judge but presides over the court the
way a judge does. The mayor or magistrate may
hold court anytime. He or she has the authority to fix bail in criminal cases, impose penalties,
including imprisonment for violation of
municipal ordinances, sign arrest warrants, and
return fines and forfeitures or cancel penalties.
The caseload of a mayor’s court is generally
light and deals mostly with minor traffic violations.
People also choose to file in the smaller
courts rather than the district courts because
the smaller courts are more convenient to people in rural or suburban areas. They are also
less crowded, less formal, and less intimidating.
Cases in these courts are decided by the judge
alone; there are no jury trials.
Louisiana has 49 city courts. The jurisdiction of most city courts in civil cases is the
same as the district court as long as the amount
involved is $10,000 or less (several city courts
have higher limits of $15,000 to $35,000).
Generally, the criminal jurisdiction of city
courts covers only misdemeanor trials. These
are offenses not punishable by imprisonment
at hard labor and include city or parish laws.
A defendant appeals a mayor’s court decision to the district court. The mayor’s court is
not a court of record, meaning that no formal
transcript or record of the hearing is made.
Appeal is done by a trial de novo without a
jury. De novo means the case is tried over from
the beginning as if no court had heard it
before.
There are only three parish courts—two in
Jefferson Parish and one in Ascension Parish.
They handle civil cases in which the amount
involved is $20,000 or less and criminal cases
punishable by a fine not exceeding $1,000 or
six months in prison or both.
A justice of the peace (JP) court serves one
or more of the rural or suburban wards. A
ward is a division within a parish for local polit71
heard de novo in district court.
ical elections. JPs typically operate from offices
in their homes, hold court irregularly, and handle few cases. However, in some wards the
court has a substantial caseload, and the parish
provides a regular office. The JP court is automatically abolished when a city court is created
in the ward.
The JP court developed in a simpler time as
a less formal means of obtaining justice in
minor cases. Some experts suggest that the JP
court is old-fashioned and should be abolished.
Others argue that JP courts handle many petty
disputes that would otherwise crowd the dockets, or trial schedules, of the higher courts.
While some have been replaced by city courts,
there are approximately 390 JPs serving
Louisiana.
A JP is often portrayed in movies as a kindly country gentleman performing marriages
late at night in his home. In reality, this portrait
is often accurate. A JP is not required to be a
lawyer. He or she needs only to be of good
moral character, a qualified voter, and able to
read and write English.
THE JURY SYSTEM
A jury is a group of people chosen to hear
evidence and make a decision about a case.
Two types of juries are used in Louisiana,
grand juries and petit juries. A grand jury
hears evidence in serious criminal cases and
decides whether or not to indict, or formally
charge, the accused person. After the person
With certain exceptions, JPs have concurrent jurisdiction with the district courts in civil
cases involving $3,000 or less. While JP’s do not
hear criminal cases, they may issue arrest warrants and peace bonds. A peace bond is a sum
paid to guarantee a certain act will not be committed. Cases appealed from the JP court are
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has been indicted, the case goes to trial. Petit
juries hear evidence in civil and criminal cases
and decide the facts of the case.
Grand Jury
Each parish has a 12-member grand jury,
usually chosen twice a year. The grand jury
inquires about, or investigates, all capital
crimes. It also must examine other offenses
when directed to do so by the court or district
attorney. Unlike the petit jury, grand jury proceedings are secret.
The Louisiana Constitution requires a
grand jury indictment to begin the prosecution
of a person for a crime punishable by death or
life imprisonment. It also guarantees the right
to a trial by a petit jury in criminal cases in
which the punishment could be more than six
months in jail.
During the inquiry, the accused and witnesses to the crime testify and answer questions. The accused may have an attorney present to consult, but the attorney may not
address the grand jury. After the hearing, the
grand jury must return either a true bill or not
a true bill. A true bill is an indictment or an
accusation that a crime has been committed. At
least nine jurors must agree to issuing it. A true
bill is returned if the grand jury believes the
evidence presented would be sufficient to call
for the conviction of the accused person.
A jury trial is not required in civil suits.
However, either party may request one if he or
she meets the legal requirements and pays the
required bond. The bond is money put up to
pay for the time, food, and sometimes housing,
of people selected to serve on the jury.
To be selected to serve as a grand or petit
juror, a person must be a U.S. and state citizen,
a resident for at least one year in the parish in
which he or she is selected to serve, and at least
18 years old. A potential juror must also be able
to read, write, and speak English, be mentally
and physically capable of serving, and not be
under felony indictment nor convicted of a
felony for which he or she has not been pardoned.
Petit Jury in Civil Cases
A jury trial is not required in civil cases. Jury
trials are not held in suits involving less than
$50,000, nor in certain family and other cases.
A 12-member jury is used for civil cases, and
nine jurors must agree to decide the case. The
parties may choose to have a six-member jury
instead. In either instance, the cases are tried
before a judge.
A person called as a juror has a legal
responsibility to serve. The court may excuse
those for whom jury service would be an
undue hardship. Before 1975, a woman could
not be called for jury duty unless she had filed
a written statement that she wished to be considered. In 1994 the Supreme Court eliminated
all automatic exemptions, but a 1999 constitutional amendment added an automatic exemption for people 70 years old or older.
Petit Jury in Criminal Cases
The number of people on a criminal trial
jury depends on the severity of the charge.
Misdemeanor trials do not use juries but are
decided by the judge or magistrate. Felony trials may have six or 12 jurors depending on the
type of crime involved. The punishment for
some felonies is imprisonment with hard labor.
A trial for this type of felony requires a 12member jury. Ten members must concur, or
agree, to find the person guilty. Other felonies
The juror selection process differs depending on the type of jury. In general, a jury commission randomly chooses from the qualified
people in the parish.
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Judges’ terms are longer than those of
most other elected officials. Terms for supreme
court and courts of appeal judges are 10 years.
All other judges serve six-year terms.
that may or may not require imprisonment with
hard labor are tried by a jury of six. All six of
its members must agree on the verdict. Except
in a capital case, the accused may waive, or give
up, the right to a jury trial. A 12-member jury is
required in a capital case, and the verdict must
be unanimous to convict the person.
Judges generally leave office by voluntary
retirement, mandatory retirement at age 70,
and infrequently by losing re-election.
However, judges may be removed from office
before their term expires. The Louisiana
Supreme Court can remove judges from office
upon recommendation of the Judiciary
Commission of Louisiana, a constitutionally
created body which investigates complaints
against or misconduct by judges. Voters may
replace a judge at election time (unless he or
she runs unopposed), but judges are not subject to recall elections. Finally, they may be
impeached by the Legislature, or removed
from office, for committing a felony or serious
misconduct in office.
During jury selection for a civil or criminal
case, either party may question the potential
jurors. Typically, the questions try to determine
whether a potential juror is biased in any way
that might affect his or her decision about the
defendant’s guilt. Either side may challenge the
seating of potential jurors. If the judge upholds
the challenge, the person will not be on the
jury.
There is no limit on challenges for cause.
These are made if the person lacks the legal
qualifications to serve, is not impartial, is related to someone involved in the case, will not
accept the law in question, or other specific
reasons that might bias the person’s decision.
Louisiana judges are typically white, male,
and over 40 years old. They also tend to be
longtime residents of the district from which
they are elected. In 1995, white, male judges
made up about 75 percent of the total.
However, the number of female and black
judges has risen dramatically and is still increasing.
Each side is allowed a limited number of
peremptory challenges. This means the side
may eliminate a person from serving on the
jury without stating a reason why. The judge
also may disqualify or exempt jurors. Jurors
may not be disqualified on the basis of race,
gender, economic status, color, religion, or
national origin.
OTHER OFFICERS
JUDGES
In addition to the judges, other people play
important roles in the justice system. Several
are locally elected officials. They include district
attorneys, sheriffs, clerks of court, and coroners. They are considered part of the judicial
branch although they perform executive-type
functions for the judiciary.
Louisiana’s court system employs more
than 370 judges, not including justices of the
peace. All Louisiana judges are elected.
To be elected as a judge to the state
supreme, appellate, or district court, a person
must be certified to practice law in Louisiana
for at least five years prior to the election. The
person must have lived for two years in the district from which he or she seeks election. These
rules also apply to candidates for city court
judge.
Voters in each judicial district elect one district attorney (DA) for a six-year term. There
are 41 district attorneys in the state. The DA is
the state’s prosecutor in all criminal cases in
district court. The DA presents cases to the
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issues subpoenas, summonses, writs, and other
processes of the court. Orleans Parish elects
two clerks, one for the civil court and one for
criminal court.
grand jury and serves as legal counsel for various state and local governmental bodies in the
parish.
Each parish elects a sheriff for a four-year
term. The sheriff serves as the chief law
enforcement officer of the parish, operates the
parish prison, and is the tax collector for the
parish. The only exception is Orleans Parish,
which elects two sheriffs, one for civil court
and one for criminal court.
A coroner is elected in each parish for a
four-year term. The coroner must be a licensed
physician unless there is not one willing to
accept the office. The coroner’s office investigates all cases of alleged rape, some other sexrelated crimes, and deaths that occur under certain circumstances. The coroner holds
inquests, or investigations, into the cause of
death, performs autopsies, issues cremation
permits, and may commit persons for mental
examinations and treatment.
The sheriff also provides courthouse security, carries out court orders, and serves
process. Court orders may require, for example, the seizure of property to pay debts.
Serving process means personally delivering
citations, subpoenas, or other legal notices to
parties in a suit. Constables serve the justice of
the peace and some city courts in the same way
sheriffs serve district courts.
INDIGENT DEFENDER BOARD
The state constitution requires the state to
provide an attorney for people who cannot
afford one and who have been charged with a
crime punishable by imprisonment. These
attorneys are called public defenders.
Each parish except Orleans elects a clerk of
court for a four-year term. The clerk keeps all
the records of the district court, including
information on every case filed. The clerk
Each judicial district has an Indigent
Defender Board which selects and oversees the
system of providing legal defense for indigent, or poor, people. These boards are often
underfunded and overloaded with cases. These
problems mean poor people do not always
receive the best possible representation. There
have been efforts to get more funding from the
Legislature.
PRIVATE ATTORNEYS
Private attorneys are considered officers of
the court and play a key role in the justice and
legal system. They provide legal services to
people or businesses that hire them. They help
their clients resolve disputes, make contracts,
write wills, protect their rights, defend those
accused of crimes, and any other processes that
require a detailed knowledge of the law. They
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can also be hired to represent the state or local
governments in civil suits.
the governor. The governor reviews the recommendations of the Pardon Board and either
grants or denies a pardon. A gubernatorial
pardon restores the rights a person loses when
convicted of a crime. Additionally, first-time
felony offenders are automatically pardoned
when they complete their sentence.
To become an attorney, a person must graduate from an accredited or recognized law
school and pass the state bar examination.
OTHER COURT-RELATED
OFFICES
ADDITIONAL RESOURCES
Additional information can be found at
these websites:
Court operations require a variety of personnel including judicial administrators, deputy
and assistant clerks, minute clerks, docket
clerks, criers, bailiffs, and court reporters to
keep the caseload and courtroom flowing
smoothly.
Louisiana Supreme
http://www.lasc.org/
Court's
website,
“Links: Other Courts and Associations,”
Louisiana
Supreme
Court
website,
http://www.lasc.org/Links/index.asp
Police officers frequently testify as witnesses in court for criminal cases on which they
have worked. They are law enforcement officers who enforce both municipal and state laws
by conducting investigations and making
arrests.
“Louisiana Clerks of Court,” Lafayette
Parish
Clerk
of
Court
website,
http://www.lpclerk.com/district.html
“Louisiana Laws Search,” Louisiana
Legislature website,
http://www.legis.state.la.us/tsrs/search.htm
Probation and parole staff under the state
Department of Public Safety and Corrections
supervise convicted adults and juveniles who
have been conditionally freed by a court or the
state Parole Board. These workers keep a check
on freed convicts to see that they do not violate
the conditions of their release.
“Louisiana Constitution of 1974,”
Louisiana
Senate
website,
http://senate.legis.state.la.us/Documents/Con
stitution/
“Supreme Court of the United States,” U. S.
Supreme Court website,
http://www.supremecourtus.gov/
The state Pardon Board reviews requests
for pardons and makes recommendations to
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