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.
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).
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This site provides educational information about Louisiana Justice of
the Peace court procedures. This is not legal advice.
The information may not reflect current legal developments or apply to your
specific situation.
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