§716. Commissioner; duties; powers; contempt

            A. The commissioner has all powers of a district judge not inconsistent with the United States Constitution, the Constitution of Louisiana, and applicable federal and state laws.

            B. The commissioner has jurisdiction over criminal, civil, domestic relations, and family law matters.

            C. The provisions of this Section do not affect or limit the jurisdiction of a district judge as provided by law.

            D. Subject to the provisions of Subsections E through G of this Section, the commissioner shall perform such duties as are assigned by the Fifteenth Judicial District Court in accordance with the rules prescribed by the elected judges of the court.

            E.(1) The powers of the commissioner when hearing criminal matters may include but are not limited to the following:

            (a) Administering oaths and affirmations.

            (b) Taking acknowledgments, affidavits, and depositions.

            (c) Qualifying jurors for grand jury and petit jury duty.

            (d) Acting on misdemeanor and felony charges through arraignment; however, the commissioner shall not accept pleas of nolo contendere.

            (e) Presiding over traffic arraignments and accepting pleas of guilty or nolo contendere for traffic offenses issued pursuant to Title 32 of the Louisiana Revised Statutes of 1950 by issuing recommendations for review and approval by the district court with a corresponding waiver to a right to trial before a district judge made on the record by the defendant.

            (f) Signing and issuing search and arrest warrants upon probable cause being shown.

            (g) Reviewing probable cause affidavits within forty-eight hours of warrantless arrests.

            (h) Fixing bail including but not limited to conducting hearings for the purpose of fixing bail and issuing protective orders, if a condition of bail, or if required by statute.

            (i) Conducting seventy-two hour hearings as provided in Code of Criminal Procedure Article 230.1.

            (j) Signing waivers of extradition only upon the written consent of the defendant and the expressed waiver of the defendant's right to have his extradition heard by a district court.

            (k) Supervising all conditions of bail.

            (l) Supervising special conditions related to domestic violence, protective orders, and any other probation conditions.

            (m) Reviewing and acting on petitions for temporary protective orders and matters of domestic violence, including the issuance of temporary orders of protection and temporary restraining orders, until such time as hearings may be conducted on the matters.

            (n) Conducting hearings regarding protective orders and making recommendations to the appropriate district judge for the issuance of a preliminary or permanent injunction.

            (2) The commissioner has the same powers as a district judge to fine and punish for contempt of court as set forth in Code of Criminal Procedure Articles 20 through 25.

            F.(1) The powers of the commissioner when hearing civil matters may include but are not limited to the following:

            (a) Administering oaths and affirmations and performing marriage ceremonies.

            (b) Taking acknowledgments, affidavits, and depositions.

            (c) Qualifying jurors for petit jury duty.

            (d) Reviewing and acting on petitions for temporary protective orders and matters of domestic violence, including the issuance of temporary orders of protection and temporary restraining orders, until such time as hearings may be conducted on the matters.

            (e) Conducting hearings regarding protective orders and making recommendations to the appropriate judge for the issuance of a preliminary or permanent injunction.

            (2) The commissioner has the same powers as a district judge to fine and punish for contempt of court as set forth in Code of Civil Procedure Articles 221 through 227.

            G.(1)(a) The powers of the commissioner when hearing domestic relations and family law matters include but are not limited to the following:

            (i) Administering oaths and affirmations.

            (ii) Taking acknowledgments, affidavits, and depositions.

            (iii) Conducting hearings, including evidentiary hearings and trials in matters for which the commissioner has been designated and assigned to hear.

            (b) The commissioner has the same powers as a district judge to punish for contempt of court as set forth in Code of Civil Procedure Articles 221 through 227.

            (2) Civil, domestic relations, and family law matter trials and hearings by the commissioner shall be governed by the following rules:

            (a) The commissioner may conduct any and all proceedings on any matter pending before the court and order the entry of judgment in any case where the parties consent in writing to the matter being heard and adjudicated by the commissioner. Each judgment entered shall be signed by a judge of the district. The clerk of court, at the time the action is filed, shall notify the parties of their right to consent to the exercise of such jurisdiction. The decision of the parties shall be communicated to the clerk. When the parties' consent is required as provided in this Subsection, the failure of the clerk to file the written waiver in the record shall not affect the validity or enforcement of a commissioner's findings or judgment. An aggrieved party may appeal a judgment of the commissioner rendered pursuant to this Subsection in the same manner as an appeal from any other judgment of a district court.

            (b) If any party does not consent to the matter being heard and adjudicated by the commissioner, the commissioner may be designated to conduct the trial or hearing and submit to the judge of the appropriate division proposed findings of fact and recommendations for the disposition of any matter or motion pending before the court or any application for post-trial relief. In such cases, the commissioner shall file his proposed findings and recommendations with the court, and shall mail a copy, postage prepaid, to all parties or their counsel of record. Within ten days after transmittal of such copy, any party may traverse the findings or recommendations in writing in a manner specified by the rules of the district court. The judge of the appropriate division shall make a de novo determination of any findings or recommendations to which objection is made. The judge may accept, reject, or modify in whole or in part the findings or recommendations made by the commissioner and may also receive further evidence or recommit the matter to the commissioner with instructions.

            Acts 1984, No. 713, §1; Acts 1985, No. 278, §1; Acts 1995, No. 442, §§1, 2; Acts 2026, No. 195, §1.