Litter & Code
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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
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
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
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
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
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.
If a person is found liable for a violation, they have the right of direct appeal to the district court by trial de novo — a new trial. The appeal must be filed within ten days of the date of the judgment, and notice of the appeal must be given within the ten-day period to the JP who adjudicated the matter, the district court to which the matter is being appealed, and the district attorney.
La. R.S. 30:2531La. R.S. 34:843
Expanded Authority
Some parishes have expanded their JP courts to handle property standards or nuisance violations in addition to litter cases.
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
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
Penalties for property standards or nuisance violations are limited to those allowed by the applicable parish ordinance adopted pursuant to state law.
Statutes: La. R.S. 13:2586(C)(5)-(8)
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
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
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.