Louisiana Mayor's Courts are municipal courts in incorporated settlements, such as

villages A village is a human settlement or community, larger than a hamlet but smaller than a town with a population typically ranging from a few hundred to a few thousand. Although villages are often located in rural areas, the term urban village ...

towns A town is a type of a human settlement, generally larger than a village but smaller than a city. The criteria for distinguishing a town vary globally, often depending on factors such as population size, economic character, administrative stat ...

, or even smaller

cities A city is a human settlement of a substantial size. The term "city" has different meanings around the world and in some places the settlement can be very small. Even where the term is limited to larger settlements, there is no universally agree ...

in the state of

Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...

. 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 Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...

are the only two states in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

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 absent any mandate for a mayor to be a lawyer. The court can impose fines, imprisonment, or both according to the offense. Court costs vary widely across the state according to legislation. The court hears

misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...

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. An officer of the court, mayor, or appointed magistrate has the authority to issue arrest warrants, grant bail, issue court summons to include witnesses, conduct trials, with or without a lawyer, depending on the charges, determine innocence or guilt, and administer sentences including fines, jail, or supervised/unsupervised probation, and appoint a public defender in criminal cases. A Mayor may request the board of aldermen or municipal council to appoint a magistrate. 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. (R.S. 33:441 (B1)) In the

Louisiana and

are the only states with Mayor's Courts. The two court systems are mentioned in the book ''The Louisiana Mayor's Court: An Overview and Its Constitutional Problems'', the author (a practicing attorney) suggests there are issues of potential bias and unfair convictions in many small villages and towns when the mayor is the prosecutor, judge, and jury, as well as the chief executive officer of an incorporated settlement such as a village, town, and in some cases small cities. When a mayor, who is in charge of city finances, is also over the court that generates revenue there are claims of conflicts of interest that hamper

due process Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...

and compromise impartiality and fairness.

Appeals

Any case tried in a municipal Court can be appealed to the district court by verbal or written notification. Any appeals are heard De nova or as brand new. Failure of the prosecution to disclose "in a timely manner" (willfully or inadvertently)

admissible evidence Admissible evidence, in a court of law, is any Testimony, testimonial, Documentary evidence, documentary, or tangible evidence (law), evidence that may be introduced to a Trier of fact, factfinder—usually a judge or jury—to establish or to ...

that is favorable to the defense (or is impeaching), suppressed

material evidence ''Material Evidence'' (Russian: Вещдоки) is an international exhibition first presented in Russia in 2013 by Vladislav Shurigin and Denis Tukmakov with direct financial support from ''Zhurnalistskaya Pravda'' (Journalistic Truth), a Moscow ...

, and evidence with a reasonable probability of changing the outcome of the trial, is a Brady violation (Brady v. Maryland, 373 U.S. 83 (1963)) resulting in prejudice and a violation of

. Cases that support the Brady rule are Smith v. Cain, 132 S. Ct. 627 (U.S. 2012) and Connick v. Thompson, 131 S. Ct. 1350 (U.S. 2011) Mayor's Courts are not courts of record. Lacking any record, if a defendant pleads guilty or no contest, is sentenced and wishes to appeal, and there is no evidence of proof that a defendant was aware of the privilege against self-incrimination, the right to a jury trial, and the right to confront one's accusers, known as the Boykin Doctrine or rule then there is no valid objection to an appeal. These rights cannot be presumed and must be made voluntarily and with the full understanding of the consequences. Any doubt about a Boykin-Tahl waiver and a plea is invalid, unconstitutional, and must be withdrawn as a result of a Boykin-Tahl error.

Courts

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). All elected or appointed mayors and magistrates must, within 90 days of assuming presiding authority, complete Mayor's Court Training and an annual continuing education from the Louisiana Supreme Court and administered by the Louisiana Judicial College.

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 A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions. ''Constable'' is commonly the rank of an officer within a police service. Other peo ...

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.

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". In Louisiana a state representative is calling for a reform of the present system. After the news broke

Tullos Tullos is an area of Aberdeen, Scotland. The area takes its name from the Vale of Tullos, which lies between Tullos Hill and Torry Hill. Tullos derived its name from a corruption of the Gaelic ‘Tulach’ meaning a hill. In this extract from ...

and Fenton mayors stepped down as town judges.

References

External links

Mandeville Mayor's Court
* {{Cite web , title=Mayor's Courts: What You Need to Know , url=https://lasc.libguides.com/c.php?g=956772&p=6906341 , access-date=2025-02-21 , publisher=Legal Education and Assistance Program (LEAP), Law Library of Louisiana Villages in Louisiana towns in Louisiana Municipalities in Louisiana