Provides with respect to deputy constables in St. Tammany Parish (EG SEE FISC NOTE LF EX See Note)
Provides with respect to deputy constables in St. Tammany Parish (EG SEE FISC NOTE LF EX See Note)
House Bill 242 enacts a new statute, R.S. 13:2583.8, that creates the legal framework for deputy constables in St. Tammany Parish justice of the peace courts. The legislation authorizes each duly elected constable in St. Tammany Parish to appoint one deputy constable and establishes the legal responsibilities, qualifications, and compensation structure for such deputies. Before assuming duties, the deputy must take the oath required by the Louisiana Constitution and state law, and must satisfy the same qualifications and training requirements applicable to constables under R.S. 40:2402 through 2406. A duplicate oath must be filed with the attorney general within seventy-two hours of administration. The statute explicitly makes the appointing constable responsible for all acts of the deputy and preserves the existing authority of justices of the peace to appoint special deputy constables under R.S. 13:3477.
The practical effect of this legislation impacts St. Tammany Parish constables and their offices by providing statutory authorization to employ deputy constables to assist with court and law enforcement functions. Each constable gains the authority to set the deputy's compensation from fees generated by the constable's office, including authority to pay the deputy's bond premiums, insurance costs, and performance expenses on a monthly or twice-monthly basis through warrants or checks. Deputy constables must be residents of St. Tammany Parish but need not reside in the particular ward from which their appointing constable was elected. The statute restricts deputy compensation by prohibiting payment from any local governing body, political subdivision other than the constable's office, or the state, ensuring that deputy constables are funded exclusively through the constable's office fee structure.
This statute operates within the broader framework of Louisiana law governing constables and court officers. Constables of justice of the peace courts are creatures of state law, and their deputies must meet the same statutory qualifications and training requirements established for constables themselves. The provision requiring oath filing with the attorney general aligns with Louisiana constitutional and state law requirements for oath administration and recordation. The statute does not alter or diminish the separate authority granted to justices of the peace under R.S. 13:3477 to appoint special deputy constables, thus maintaining the dual appointment structure for deputies in the justice of the peace system while creating a new pathway for constables to appoint their own deputies in St. Tammany Parish.
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