RS 13:996.69 - Ascension Parish Courthouse Building Fund; Twenty-Third Judicial District Court and the parish court of Ascension Parish

LA Rev Stat § 13:996.69 (2018) (N/A)
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NOTE: The imposition of court costs and fees shall become effective on the date of Judicial Council approval.

§996.69. Ascension Parish Courthouse Building Fund; Twenty-Third Judicial District Court and the parish court of Ascension Parish

A.(1) Subject to the provisions of the Code of Civil Procedure Article 5181 et seq., in all cases over which the Twenty-Third Judicial District Court for the parish of Ascension or the Parish Court for the Parish of Ascension has jurisdiction, the judges of the Twenty-Third Judicial District Court, acting en banc, the judge for the Parish Court for the Parish of Ascension, and the Ascension Parish Clerk of Court are hereby authorized to impose and collect the following costs of court and additional filing charges:

(a) A filing charge of one hundred fifty dollars per filing which shall be paid to the Ascension Parish Clerk of Court when the initial filing of a civil suit is made.

(b) A filing charge of thirty dollars upon the filing of each additional pleading in a civil matter which shall be paid to the Ascension Parish Clerk of Court when such filing is made. For purposes of this Subparagraph, additional pleadings shall include but are not limited to petitions, motions, orders, affidavits, judgments, witness lists, exhibit lists, memorandums, sheriff returns, notices, interrogatories, stipulations, exhibits, discovery requests, written reasons for judgment, exceptions, rules, correspondence, citations, evidence, dismissals, depositions, writs, appeals, answers, and subpoenas.

(2) The charges provided in this Section shall apply to all civil filings in all Ascension Parish courts and be in addition to other filing charges currently being levied and collected by the Ascension Parish Clerk of Court for civil filings.

(3) All such filing charges shall be imposed by the judges of the Twenty-Third Judicial District Court acting en banc and the judge for the Parish Court for the Parish of Ascension.

B. The monies generated pursuant to the provisions of this Section which represent additional civil suit filing charges shall be held by the Ascension Parish Clerk of Court on behalf of the parish of Ascension and shall be remitted at least monthly by the Ascension Parish Clerk of Court directly to the Department of Finance for the parish of Ascension, and irrevocably deposited into the Ascension Parish Courthouse Fund dedicated exclusively to the design, acquisition, furnishing, construction, renovation, equipping, operation, and maintenance of a new Ascension Parish courthouse, and to renovate or convert any existing courthouse building, located in the parish of Ascension, and for the payment of any bonds or other indebtedness on any such facilities.

C.(1) Subject to the limitations provided in this Section, the Ascension Parish Council, as the governing authority of the parish of Ascension, shall have ownership and control over the Ascension Parish Courthouse Fund, and shall have the authority to pledge the Ascension Parish Courthouse Fund to bonds or other instruments of indebtedness issued by or on behalf of the parish of Ascension. The Ascension Parish Council shall have the authority to pay and disburse from the Ascension Parish Courthouse Fund all amounts necessary to pay and discharge any bonds or other instruments of indebtedness issued to pay for the construction of the new Ascension Parish courthouse and the renovation or conversion of any existing courthouse building.

(2) Any amounts in the Ascension Parish Courthouse Fund in addition to those funds necessary to pay and discharge any bonds or other instruments of indebtedness issued to pay for the construction of the new Ascension Parish courthouse and the renovation or conversion of any existing courthouse building may be expended for purposes of operating, maintaining, equipping, or furnishing the new Ascension Parish courthouse, or for additional new construction or renovations to the new Ascension Parish courthouse and the renovation or conversion of any existing courthouse building, but such additional surplus funds may be expended only by authority of the parish president of Ascension Parish, the chief judge of the Twenty-Third Judicial District Court, the judge for the Parish Court for the Parish of Ascension, the sheriff of Ascension Parish, and the Ascension Parish Clerk of Court, by majority vote.

D. The judges of the Twenty-Third Judicial District Court, acting en banc, along with the judge for the Parish Court for the Parish of Ascension, may, as concurred by ordinance of the Ascension Parish Council, reduce the amount of filing charges provided for in this Section if the balance of sums on deposit in the Ascension Parish Courthouse Fund exceeds the requirements necessary for the new Ascension Parish courthouse and the renovation or conversion of any existing courthouse building, including but not limited to the payment of debt service on bonds or other indebtedness incurred in connection with the Ascension Parish courthouse. Once the bonds have matured or have otherwise been satisfied in full and there is no other indebtedness outstanding to the Ascension Parish courthouse, the judges of the Twenty-Third Judicial District Court, acting en banc, along with the judge for the Parish Court for the Parish of Ascension, shall, as concurred by ordinance of the Ascension Parish Council, reduce the amount of filing charges provided for in this Section to an amount sufficient to provide for the continued operation and maintenance of the Ascension Parish courthouse.

E. For all matters pertaining to the filing charges imposed by the provisions of this Section, and those related to the Ascension Parish courthouse, the Ascension Parish Clerk of Court, the sheriff of Ascension Parish, and the judges of the Twenty-Third Judicial District Court, acting en banc, and the judge for the Parish Court for the Parish of Ascension shall have the authority to enter into any cooperative endeavor agreement with the parish of Ascension in conjunction with the design, construction, renovation, equipping, furnishing, operation, and maintenance of the new Ascension Parish courthouse.

Acts 2017, No. 415, §1.