# Louisiana Mayor's Courts

Louisiana Mayor's Courts are municipal courts in incorporated settlements, such as villages, towns, or even smaller cities in the state of Louisiana. As part of the Louisiana judicial system they are considered base level (lower level) courts with limited jurisdiction over violations of municipal ordinances.
Louisiana and Ohio are the only two states in the United States that have Mayor's Courts. The difference is that in Ohio, Mayor's Courts are state courts.

## Mayor's Courts

Authority for a Mayor's Court is provided for by Louisiana legislative act RS 33:441-442.
A mayor is considered a lay judge as there is no mandate they be a lawyer. The court can impose fines, imprisonment, or both depending on the offense. A Mayor may request of the board of aldermen or municipal council that a magistrate be appointed (R.S. 33:441 (B)). If accepted the magistrate must be a lawyer and shall exercise the powers and authority of the mayor. A mayor may also request a prosecutor be appointed. In the United States Louisiana and Ohio are the only states with Mayor's Courts.

### Court costs

Court cost vary widely across the state according to legislation. The court hears misdemeanor and traffic cases, as well as utility debts within the municipality of less than $5,000. The court can impose fines, imprisonment, or both depending on the offense. Court costs vary widely across the state according to legislation. An officer of the court, mayor or magistrate, has the authority to
* Issue arrest warrants
* Grant bail
* Summon people to court including witnesses
* Conduct trials, depending of the charges with our without a lawyer.
* Determine guilt
* Appoint a public defender (criminal cases)
* Give sentences
* Assign Fines – including
* Send someone to jail
* Place someone on probation
The Louisiana Municipal Association provided Mayor's Court guide to court costs submission.

### Appeals

Any case tried in a municipal Court can be appealed to the district court by verbal or written notification. The clerk of court will provide copies to be brought to the district court to file the appeal. Any appeals are heard De nova or as brand new.

### Training

All 305 municipalities in Louisiana consisting of 127 villages, 111 towns, 65 cities, and 2 parishes are members of the Louisiana Municipal Association (LMA, founded in 1926) which also consists of approximately 250 municipalities with a Mayor's Court.
The Louisiana Legislative Auditor provides a summary of general principles and guidelines for Mayor's Courts. The Louisiana Judicial College prepared the Comprehensive Guide to Mayor's Courts through the Louisiana Municipal Association (LMA).

## Justice of the Peace

There are 390 Justices of the Peace in Louisiana serving in 10 districts divided into wards with limited jurisdiction. A Justice of the Peace court has jurisdiction concurrent with the circuit court limited to $5,000 or less. A Justice of the peace is also referred to as a lay judge and the constable of the court generally cannot issue a ticket within a municipality that has a Mayor's Court. Any appeal of a case to a circuit court would be treated De novo or as a new case.

## Issues of conflicts of interest and bias

There have been concerns of conflicts of interest and bias concerning a Mayor of a municipality, paid for by municipality funds, that is also the judge, sometimes prosecutor, and jury.
On appeal in Ward v. Village of Monroeville, 409 U.S. 57 (1972) the United States Supreme Court reversed the Mayor's Court conviction, that the Ohio Supreme court dismissed on appeal, on a charge for violating the Ohio Prohibition Act. The court decided the "Petitioner was denied a trial before a disinterested and impartial judicial" and that "...the conviction violated the Fourteenth Amendment and due process of law".