Litter & Code
Justice of the Peace Courts have virtually no criminal trial authority — litter violations are the lone exception. Some parishes also use JP courts to hear local property standards or nuisance matters, but only when the legislature and the parish governing authority both grant that power.
Litter Violations
Section titled “Litter Violations”Justice of the Peace Courts have concurrent jurisdiction — shared authority with other courts — over litter violations and related environmental matters when authorized by state statute or parish ordinance).
Jurisdiction Over Litter Violations
Section titled “Jurisdiction Over Litter Violations”A Justice of the Peace has jurisdiction over litter violations throughout the parish. The violations must be prohibited by the statewide litter statute (R.S. 30:2531) or any parish ordinance that provides for litter abatement or control and allows trial in JP court.
The constable may issue summons and serve subpoenas for such violations within the parish.
Abandoned Objects Authority
Section titled “Abandoned Objects Authority”Enabled by parish ordinance, a JP has concurrent jurisdiction over violations for removal, disposition, or abandonment of objects under R.S. 34:843. The value of the objects must not exceed $5,000. These violations may occur anywhere within the parish, and the constable may issue summons and serve subpoenas as needed.
Penalties and Fines
Section titled “Penalties and Fines”Penalties that may be imposed by a JP are limited to the range of fines and penalties allowed by the applicable statute or parish ordinance: R.S. 30:2531(B) for litter violations, R.S. 34:843 for abandoned objects violations, or the parish ordinance itself for locally prosecuted violations.
The Court Process
Section titled “The Court Process”A law enforcement officer issues a summons to the defendant to appear in court. The defendant has the right to present evidence and cross-examine witnesses, and obtain an attorney for representation.
The court may issue subpoenas to compel the attendance of witnesses and the production of documents.
The court may impose a fine, community service, or other penalty within the statutory or ordinance limits.
Failure to appear for the trial may subject the defendant to contempt of court.
Appeals from Litter Judgments
Section titled “Appeals from Litter Judgments”A person found liable for a litter or property standards violation has the right of direct appeal to district court. The appeal process differs significantly from civil and eviction appeals.
Appeal Requirements
Section titled “Appeal Requirements”Within ten days of the judgment, the defendant must:
- File the appeal with the district court for the parish
- Give written notice to all three of the following:
- The Justice of the Peace who adjudicated the matter
- The district court to which the appeal is being made
- The district attorney for the judicial district
All notices must be given within the ten-day period — not just the filing.
Trial De Novo
Section titled “Trial De Novo”The district court conducts a trial de novo — a completely new trial, not a review of the JP court record. Both parties may present evidence and witnesses as if the matter had not been previously tried.
Further Appeal
Section titled “Further Appeal”Unlike regular JP civil appeals (where CCP 4924(C) bars further appeal), litter cases may be further appealed from district court. R.S. 13:2586(D) provides that “the appeal from a decision of the district court shall be the same as provided by law for appeals of civil matters adjudicated by a district court” — meaning normal civil appeal rules apply, allowing appeal to the court of appeal.
Additional Costs
Section titled “Additional Costs”If the judgment is sustained on appeal, the district court may assess additional court costs against the defendant as authorized by law.
Comparison with Other Appeals
Section titled “Comparison with Other Appeals”| Feature | Litter Appeal | Eviction Appeal | Civil Appeal |
|---|---|---|---|
| Deadline | 10 days | 24 hours | 15 days |
| Notice Requirements | JP, District Ct, DA | None specified | None specified |
| Trial Type | De novo | De novo | De novo |
| Bond Required | Not specified | Yes (for suspensive) | Yes (for suspensive) |
| Further Appeal | Yes (to Ct of App) | No (CCP 4924) | No (CCP 4924) |
Expanded Authority
Section titled “Expanded Authority”Some parishes have expanded their JP courts to handle property standards or nuisance violations in addition to litter cases.
Authorized Parishes
Section titled “Authorized Parishes”State law lists the parishes currently authorized for these dockets. Caddo Parish uses this authority for property standards cases within its territorial jurisdiction. St. Tammany, Avoyelles, and Evangeline Parishes have similar enabling acts tied to specific nuisance dockets.
Requirements for Jurisdiction
Section titled “Requirements for Jurisdiction”Jurisdiction requires both a state statute enabling JP court authority and a parish ordinance designating which courts will hear these cases. The constable may issue summons and serve subpoenas for such violations within the court’s territorial jurisdiction, or in some parishes, anywhere in the parish.
Penalties
Section titled “Penalties”Penalties for property standards or nuisance violations are limited to those allowed by the applicable parish ordinance adopted pursuant to state law.
Reimbursement
Section titled “Reimbursement”When JPs and constables handle litter or nuisance violations, the parish must reimburse them for the time and expenses. The reimbursement amounts are defined by ordinance and drawn from the fines and costs collected in these cases.
Reimbursement Requirements
Section titled “Reimbursement Requirements”Costs and fines collected from these cases are deposited with the parish first, then distributed to reimburse the JP court and constable office. JPs must keep detailed records of service, hearings, and community service supervision to support reimbursement requests, including documentation of time spent on each case.
Property Standards Reimbursements
Section titled “Property Standards Reimbursements”Beyond litter violations, reimbursements also apply to other docket types in specific parishes. In Caddo Parish and St. Tammany Parish, JP courts and constable offices receive reimbursement for handling property standards violations, and in St. Tammany Parish, also for nuisance violations as defined per parish ordinance.