§1347. Commissioners of magistrate section

            A.(1) In addition to the judgeships, including the judge of the magistrate section of the Criminal District Court for the parish of Orleans, the four offices of commissioner of said court created under R.S. 13:1347, Act No. 548 of the 1974 Regular Session as amended by the Louisiana Legislature are hereby approved, confirmed, ratified, affirmed, and validated in the magistrate section of said court. The persons appointed to the offices of commissioner created by this Section shall be known as commissioners and shall not be judges, but shall have the same qualifications, powers, duties, jurisdiction, and functions, all as is now or hereafter provided for the judge in the magistrate section of said criminal district court.

            (2) The salary of the commissioners of the Criminal District Court for the parish of Orleans shall be fifty-five percent of the salary paid to a judge of the Criminal District Court for the parish of Orleans per annum, said salary and related benefits as provided for by law, to be payable in the same manner and from the same sources as the salary and benefits of a judge of the Criminal District Court for the parish of Orleans. The support services and personnel including minute clerks and stenographers, as shall be necessary for the offices of commissioner, and such supporting services and personnel shall be paid in the same amount and from the same source as the same positions in the criminal district court are paid.

            (3) The judges of the criminal district court, sitting en banc, shall determine the further powers, duties, functions, and policy affecting the offices of commissioner, not inconsistent with the provisions of this Section provided that the rules shall be subject to general supervision of the supreme court pursuant to Article V of the Constitution of Louisiana. Unless otherwise provided by any rule adopted by the court in accordance with this Paragraph, the commissioners shall have the same authority for cases within the jurisdiction of the Orleans Criminal Court as a commissioner pursuant to R.S. 13:713, including the authority to make a report and recommendation to the judges concerning claims for post-conviction relief by the incarcerated.

            (4) The salaries of commissioners may be optionally supplemented by the city of New Orleans or the Consolidated Judicial Expense Fund for the parish of Orleans, as determined by its executive committee, provided that total compensation in accordance with this Section shall not exceed that for a commissioner pursuant to R.S. 13:713.

            B. The governor shall appoint a nominating committee of five members to vet and recommend future commissioners.

            C. Should there be a vacancy created by the removal, resignation or death of any of the four commissioners, the judges of the criminal district court sitting en banc shall fill the vacancy by appointment for the unexpired term from a list provided by the nominating committee as provided for in Subsection B of this Section. At the termination of the initial term and or any subsequent terms of a commissioner, the judges of the criminal district court sitting en banc shall appoint successors to the office for like terms from a list provided by the nominating committee as provided for in Subsection B of this Section. All commissioners are subject to removal for any reason for which a judge of the criminal district court may be removed from office. Such removal shall be by order of the judges of the criminal district court sitting en banc, upon recommendation of the nominating committee after notice and hearing, and shall be subject to review by the Supreme Court of Louisiana in the same manner as if the removal was recommended by the Judiciary Commission. Nothing in this Section shall divest the Judiciary Commission of concurrent jurisdiction to recommend discipline of commissioners. No one shall serve in the office of commissioner unless he has practiced law in the state of Louisiana for a period of not less than five years. Commissioners shall be allowed to practice civil law but shall not engage in the practice of criminal law.            D. Repealed by Acts 2026, No. 748, §2, eff. June 3, 2026.

            E. No commissioner of the magistrate section of the Criminal District Court for Orleans Parish shall practice law before said court.

            F, G. Repealed by Acts 2026, No. 748, §2, eff. June 3, 2026.

            Acts 1974, No. 548, §1; Acts 1975, No. 594, §1, eff. July 17, 1975; Acts 1978, No. 39, §23, eff. June 1, 1978; Acts 1979, No. 236, §2, eff. Sept. 1, 1979; Acts 1979, No. 724 §1; Acts 1980, No. 169, §1, eff. Sept. 1, 1980; Acts 1981, No. 636, §1, eff. Sept. 1, 1981; Acts 1984, No. 620, §1; Acts 1990, No. 271, §1, eff. July 1, 1990; Acts 2001, No. 279, §1; Acts 2006, No. 621, §19(A), eff. Jan. 1, 2009; Acts 2008, No. 675, §1, eff. July 1, 2008; Acts 2008, No. 873, §1, eff. July 9, 2008; Acts 2011, No. 340, §2, eff. June 29, 2011; Acts 2012, No. 474, §4(B)(2); Acts 2026, No. 748, §§1, 2, eff. June 3, 2026.