§1881. General powers and duties of marshal; deputy marshals

            A. The city or ward marshal shall be the executive officer of the court and shall execute the orders and mandates of the court. In the execution of these orders and mandates, and in making arrests and preserving the peace, the city or ward marshal shall be considered a peace officer as defined in R.S. 40:2402 with all the powers and authority of regular law enforcement officers of this state except as provided in Subsections C and D of this Section. The city or ward marshal and his deputy marshals shall be considered officers of a public entity for the purposes of immunity from liability as provided in R.S. 9:2793.1.

            B. The marshal may appoint one or more deputy marshals having the same powers and authority as the marshal, but the marshal shall be responsible for their actions. The compensation of the deputy marshals shall be fixed and paid by the governing authorities of the city or cities or parish, or all governing authorities, where the court has territorial jurisdiction. The city marshal may use funds available for expenses of his office, including proceeds from costs assessed in criminal matters pursuant to R.S. 13:1899, to pay an amount in excess of the fixed salary or to pay the amount fixed or any portion thereof to deputy marshals or to employ additional deputies. However, nothing in this Subsection shall authorize the city marshal to fix or supplement his own salary. In no event shall the salary of any deputy exceed that of his city marshal.

            C.(1) Notwithstanding any provision of law to the contrary, any city or ward marshal who serves a population of forty thousand or less as provided in the most recent federal decennial census has, along with his deputy marshals, the following enumerated powers:

            (a) Execution of attachments, bench warrants, or any other orders of arrest issued by a city court within the territorial jurisdiction of the marshal.

            (b) Detainment or the taking into custody of an individual only when reasonably necessary to effectuate the service or execution of any of the following:

            (i) Civil writs.

            (ii) Notices of eviction.

            (iii) Orders of seizure or attachment.

            (iv) Any other civil process lawfully issued by a city court.

            (c) Detainment or effecting the arrest of an individual upon order of the city court for acts occurring in the city court's presence or on the grounds of the city court that constitute direct contempt.

            (d) Detainment or effecting the arrest of an individual for any violation of Title 14 or 40 of the Louisiana Revised Statutes of 1950 or a local or municipal ordinance in the city court's presence or on the grounds of the city court.

            (2) In any declared state of emergency issued by both the governor and the local governing authority pursuant to R.S. 29:721 et seq., the city or ward marshal and his deputy marshals have all the powers and authority of regular law enforcement officers of this state during the duration of any emergency or until such declaration has ceased.

            (3) In any permitted special event, the city or ward marshal shall coordinate with the local governing authority that permitted the event and has all of the powers and authority of regular law enforcement officers of this state during the event. The city or ward marshal and each deputy marshal shall coordinate with the local governing authority that permitted the event for coordination of law enforcement duties and responsibilities.

            (4) Nothing in this Subsection limits the city or ward marshal or his deputy marshals from engaging in public services that include but are not limited to locksmithing, escorts for funeral processions, and duties as a traffic control officer.

            (5) This Subsection shall not apply to any marshal who also serves as the chief of police for the municipality.

            D.(1) Unless expressly authorized by the local governing authority where the city or ward marshal has territorial jurisdiction, no city or ward marshal or deputy marshal who serves a population of forty thousand or less as provided in the most recent federal decennial census shall do any of the following:

            (a) Exercise general law enforcement authority.

            (b) Conduct traffic stops, criminal investigations, or arrests without a warrant for alleged violations of criminal law.

            (c) Execute arrest warrants issued by any court other than the city court of the marshal's territorial jurisdiction.

            (d) Obtain a commission from any law enforcement agency that has primary jurisdiction over the area of the marshal's territorial jurisdiction.

            (2) Nothing in this Subsection shall prohibit a city or ward marshal or deputy marshal from requesting assistance from or coordinating with any of the following:

            (a) State law enforcement agencies.

            (b) Parish sheriffs offices.

            (c) Municipal police departments.

            (3) Any arrest powers exercised in coordination with the law enforcement agencies described in Paragraph (2) of this Subsection shall be carried out solely by the authorized law enforcement agency unless otherwise provided by law.

            (4) Any city or ward marshal or deputy marshal who acts outside the scope of authority provided in this Subsection may be held civilly liable for his actions.

            (5) This Subsection shall not apply to any city or ward marshal who also serves as the chief of police for the municipality.

            E.(1) Nothing in Subsection D of this Section shall prohibit any local governing authority from enacting an ordinance that confers a city or ward marshal or deputy marshal with the same powers and duties as a peace officer as provided in Subsection A of this Section.

            (2) If a city marshal's jurisdiction extends into a ward, the local governing authority where the city court is domiciled shall serve as the governing authority authorized to enact an ordinance that confers a marshal or deputy marshal with the same powers and duties as a peace officer as provided in Subsection A of this Section.

            F. Nothing in this Section shall affect, impair, or restrict the supplemental pay that a city or ward marshal or deputy marshal shall be entitled to pursuant to R.S. 40:1667.1.

            Acts 1960, No. 32, §1, eff. Jan. 1, 1961; Acts 1983, No. 248, §1; Acts 1986, No. 168, §1; Acts 1993, No. 629, §1; Acts 2024, No. 134, §1; Acts 2026, No. 866, §1, eff. June 1, 2027.