Magistrate

Under Louisiana law, a Justice of the Peace operates as a committing magistrate — a judicial officer who handles early stages of criminal cases — with narrow criminal authority. JPs may not preside over criminal trials (other than litter cases) and have no jurisdiction over juveniles.

Peace Bonds

A peace bond is a court order requiring someone to post a bond promising not to commit a threatened crime.

Requesting a Peace Bond

A person seeking protection must file an affidavit — a sworn written statement — charging that the defendant has threatened or is about to commit a specified breach of the peace. The affidavit must describe the threat in detail. The Justice of the Peace may examine the person seeking protection and any witnesses they produce under oath to determine if there is just cause — sufficient reason — to fear the threatened offense will occur.

If the JP finds just cause, the JP issues a summons ordering the defendant to appear at a specified time and date. If the threat involves imminent and serious harm, the JP may issue an arrest warrant instead. The peace bond process is designed to prevent offenses from occurring in the future, not to punish past conduct.

The Contradictory Hearing

When the defendant appears, a contradictory hearing — a proceeding where both parties have the right to be present, present evidence, and cross-examine witnesses — is held immediately, either in chambers or in open court. Both the person seeking protection and the defendant have the opportunity to present their side of the matter.

If the JP determines that just cause exists to fear the threatened offense will occur, the JP orders the defendant to give a peace bond. Otherwise, the defendant is discharged and the process ends. If the defendant fails to appear for the contradictory hearing, the JP may find the defendant in contempt.

The Bond Requirements

• The bond is for a specified period not longer than six months, and its condition is that the defendant will not commit the threatened or any related breach of the peace.
• The bond amount is fixed by the JP. When ordered by a JP, the maximum amount cannot exceed $1,000.
• The defendant may post the bond using one of several types of security: commercial surety (bail bondsman), secured or unsecured personal surety (someone who guarantees payment), or cash deposit. These are governed by the same rules that apply to bail bonds, as far as applicable.

Note: If the peace bond is for the purpose of preventing domestic abuse or dating violence, the JP must cause to have prepared a Uniform Abuse Prevention Order, sign it, and immediately transmit it to the Judicial Administrator’s Office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry by facsimile or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed. The JP also sends a copy to the sheriff of the parish where the protected person resides by facsimile or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed. A copy is retained on file in the office of the sheriff until otherwise directed by the JP.

Court Costs

A person seeking a peace bond must prepay $15 in court costs for each defendant summoned to a hearing. If the defendant is discharged, the person seeking protection pays the costs. If a bond is ordered, the defendant pays the costs instead. However, the JP may assess those costs, or any part of them, against any party as the JP considers equitable.

If a person is seeking protection from domestic abuse, dating violence, stalking, or sexual assault, the person is not required to prepay or be charged with court costs or the cost of service or subpoena for the issuance of a peace bond.

Costs may be waived if a person is indigent — unable to afford the costs — and the person complies with the provisions for indigent status under Louisiana law.

What Happens If the Defendant Fails to Post Bond

If the defendant fails to give the required peace bond, the defendant is committed to jail. The defendant may be discharged upon giving the bond as ordered. The JP may revoke or modify the order for a peace bond.

If a defendant has been committed for failure to give a peace bond ordered by a JP, the defendant may not be held longer than five days.

If the Bond Is Violated

When the JP determines that a breach of peace in violation of a peace bond has been committed, the JP orders a forfeiture of the bond and sends notice of the forfeiture by certified mail to the defendant and to the defendant’s surety — the person or company that guaranteed the bond.

If neither the defendant nor the surety appears within fifteen days to contest the forfeiture, the order becomes final and executory — legally enforceable. The JP may enter a judgment for the forfeiture of the bond in favor of the parish government. The applicant/plaintiff does not receive any money from the judgment.

A peace bond is automatically discharged at the end of thirty days from the expiration of the period specified in the bond, unless a proceeding to declare a forfeiture has been brought within that time.

Note: Peace bonds are meant for minor disturbances; serious threats are typically transferred to higher courts with broader authority.

La. C.Cr.P. arts. 26-33La. C.Cr.P. art. 30

Issuing Criminal Summonses

When a misdemeanor is alleged and the Justice of the Peace has found probable cause and has reasonable grounds to believe the accused will appear voluntarily, the JP may issue a criminal summons instead of an arrest warrant.

When a Summons Is Issued

A criminal summons is an order in writing, issued and signed by a magistrate, stating the offense charged and the name of the alleged offender, and commanding the person to appear before the court designated in the summons at the time and place stated. The JP requires a sworn complaint and probable cause — sufficient evidence that a crime likely occurred and that the accused committed it — before issuing the summons. The summons commands appearance before the city or district court, not the Justice of the Peace.

Note: Peace bonds use a different process — they begin with a summons to appear before the JP for a contradictory hearing, not in city or district court.

La. C.Cr.P. art. 208

Issuing Arrest Warrants

A Justice of the Peace may only issue arrest warrants if they have completed the Attorney General’s Arrest Warrants Course and received a certificate of completion.

Requirements for Issuing a Warrant

A complaint must be made before the Justice of the Peace, usually in the form of an affidavit. The complaint must include details about what happened, when, where, and who was involved. The JP may take additional sworn testimony from the complainant or witnesses before deciding whether to issue a warrant.

The JP must find probable cause.

Warrant Contents

An arrest warrant must be in writing, in the name of the State of Louisiana, and signed by the Justice of the Peace. It must state the date issued, the municipality or parish where issued, the name of the person to be arrested (or a description if the name is unknown), the offense charged, and command that the person be arrested and booked. The warrant may specify the amount of bail, though JPs may refrain from fixing bail on the warrant unless a local bail schedule exists.

Parishwide Jurisdiction

A JP may issue a warrant for any crime committed in their parish. The warrant may be executed by any peace officer within the state.

Restrictions on Warrants

State law blocks Justice of the Peace warrants for on-duty law enforcement officers and certain school employees in some circumstances. These individuals are instead issued a summons. A JP cannot issue a warrant for a juvenile.

Note: When the facts are uncertain, the JP may require additional investigation before issuing a warrant.

La. C.Cr.P. arts. 201-203La. R.S. 49:251.4

Preliminary Examinations

A preliminary examination is a hearing to decide whether enough evidence exists to keep a felony suspect in custody, or on bond. Justices of the Peace may preside over the hearing only for non-capital, non-hard-labor offenses.

Conducting the Preliminary Examination

A preliminary examination must be conducted promptly, but the defendant must be allowed reasonable time to procure counsel if they have not done so. The proceeding is attended by the prosecutor, prosecution witnesses, the defendant, defense counsel, and defense witnesses. The witnesses of both parties must be examined in the presence of the defendant and must be subjected to cross-examination.

The defendant may testify, but doing so subjects them to cross-examination. A record of the preliminary examination proceedings must be made. Witnesses may be sequestered — kept separate from other witnesses — until called to testify to prevent one witness’ testimony from being influenced by another.

Rights During the Examination

The accused has the right to counsel, or to waive counsel knowingly and intelligently. Both sides may call witnesses and cross-examine. The JP must subpoena all witnesses whose appearance is necessary at a preliminary examination upon request of the state or defendant. The JP keeps a record of the testimony.

Outcome of the Examination

The sole purpose of a preliminary examination is to examine the grounds of the complaint and to ascertain, based on evidence presented at the hearing, whether probable cause exists to justify holding the defendant under bond on the charges. The JP may release the defendant if probable cause is missing. The district attorney still decides whether to prosecute, even if the JP releases the person at this stage.

Note: Most preliminary examinations are handled in district court. A JP rarely conducts a preliminary examination on their own; this authority exists as a backup measure to ensure a defendant’s constitutional rights are protected in cases where there is no district judge available.

La. C.Cr.P. arts. 311-317La. C.Cr.P. art. 330

Bail

Justices of the Peace can set bail for non-capital, non-hard-labor offenses. This serves as a safety valve for after-hours arrests in rural areas, but district and city courts handle most bail decisions.

Types of Bail

The order names who may accept the bail and uses one of the approved formats: commercial surety, secured or unsecured personal surety, recognizance, or cash deposit.

Release Conditions

The JP may impose release conditions to ensure the person appears, or to prevent further criminal activity. Breaking those conditions can lead to revocation and contempt.

Note: Local bail schedules, when they exist, guide the amounts the JP sets so the decisions match what the district court will review later.

La. C.Cr.P. arts. 311-317La. C.Cr.P. art. 330

Fees in Criminal Matters

Justices of the Peace are prohibited from charging extra fees in criminal matters. The only money that changes hands inside the courtroom is the $15 peace-bond cost advanced by the person seeking protection, which can be reassigned to either party after the hearing.

Prohibited Fees

• There are no “court costs” or surcharges layered onto criminal complaints or peace-bond orders.
• No additional fees may be assessed beyond those specified by statute.

Reimbursements

Any compensation for litter or nuisance dockets comes later as a parish reimbursement, not as a courtroom charge. These reimbursements are separate from any fees and are paid by the parish after it receives fine revenue and court costs.

La. R.S. 13:2589La. C.Cr.P. Art. 29