This section creates a judicial expense fund for the Thirty-Fifth Judicial District and requires the clerk to collect and deposit certain court costs and fees, while giving the district judge control over spending from the fund.
§996.46. Judicial expense fund for Thirty-Fifth Judicial District A. In addition to all other fees or costs now or hereafter provided by law, the clerk of court in the Thirty-Fifth Judicial District shall collect from every person filing any type of civil suit or proceeding, and who is not otherwise exempted by law from the payment of court costs, a sum to be determined by the judge of said district, which sum shall not exceed ten dollars, subject, however, to the provisions of Code of Civil Procedure, Art. 5181, et seq. In all criminal cases over which the Thirty-Fifth Judicial District Court has jurisdiction, there shall be taxed as costs against every defendant who is convicted after trial, or after he pleads guilty, or who forfeits his bond, a sum likewise determined, but which shall not exceed fifteen dollars, which shall be in addition to all other fines, costs or forfeitures lawfully imposed, and which shall be transmitted to the clerk for further disposition in accordance herewith. B. The clerk of court shall place all sums collected or received under this Section in a separate account to be designated as the judicial expense fund for the Thirty-Fifth Judicial District Court. The judge of the Thirty-Fifth Judicial District shall have control over the fund and all disbursements made therefrom. He shall cause to be conducted annually an audit of the fund and the books and accounts relating thereto and shall file the same with the office of the legislative auditor where it shall be available for public inspection. C.(1) The judge of the Thirty-Fifth Judicial District Court may, in lieu of all or any part of the fees for reporting and transcribing testimony authorized under the provisions of R.S. 13:961(F), or other applicable laws, and in addition to salaries otherwise provided, authorized, or established by law, fix and pay his court reporters a salary from the judicial expense fund. The judge may further appoint secretarial, clerical, research, administrative, or other personnel as he deems necessary to expedite the business and function of the court. The judge may fix and pay all or any part of the salaries, health insurance premiums, certification fees, or continuing education fees of court reporters or appointed personnel out of the monies in the judicial expense fund. (2) Notwithstanding any other provision of law to the contrary, the judge may utilize the monies in the judicial expense fund to pay all or any part of the cost of establishing or maintaining a law library for the court, for the renovation, improvement, or purchasing of existing structures or construction of new structures to be used for any purposes incidental to, or related to, the proper administration or function of the court or the office of the judge, or for buying or maintaining any type of equipment, supplies, or other items consistent with or germane to the efficient operation of the court. For purposes of this Paragraph, the judge may utilize monies in the judicial expense fund for capital outlay expenses associated with the renovation or construction of the courthouse or office of the judge including but not limited to design, demolition, construction, materials, supplies, equipment, and labor. (3) In general, the judicial expense fund is established and may be used for any purposes related to the proper administration or function of the court or office of the judge, and is in addition to any and all other funds, salaries, expenses, or other monies that are provided, authorized, or established by law. D. No salary shall be paid from the judicial expense fund for the Thirty-Fifth Judicial District to the judge thereof except as may be paid for administering the said fund and then only after prior legislative approval. Acts 1985, No. 916, §3; Acts 1985, No. 1013, §1; Acts 2017, No. 114, §1, eff. June 12, 2017.