Legal Memorandum: Transfer of Funds Collected by a Marshall

Issue: What funds collected by the marshal must be transferred to the city of Shreveport, Louisiana?

Section 13:1899 of the Louisiana Revised Statutes states generally that in criminal matters a special assessment by the city judge in the amount of $15 or $30*FN1 “as additional costs of court” will be made and deposited into a special account for the office of marshal of court.  La. Rev. Stat. § 13:1899(C).  That is not the case with costs imposed by the City Court of Shreveport.  “Fines, forfeitures, costs, and penalties imposed in any criminal prosecution by the city court of Shreveport, … shall be paid into the general fund of the city of Shreveport.  La. Rev. Stat. § 13:2007(A).

Section 13:2007(A) also provides that “all fees collected in all civil matters by the City Court of Shreveport” must “be paid into the general fund of the city of Shreveport.”  Id.  However, this provision conflicts with La. Rev. Stat. § 33:1704, which provides that fees in civil matters go to the marshal, not the municipality.  The Louisiana Attorney General has opined that this conflict is to be resolved by allocating all fees collected in civil matters pursuant to § 33:1704, to the marshal; only the fees collected in civil matters by the City Court of Shreveport that are not enumerated in § 33:1704 may be retained by the City of Shreveport.  See La. Op. Att’y Gen. No. 09-0213 (Dec. 18, 2009).  “[T]he City Court of Shreveport must deduct or allocate the statutory portion of fees collected pursuant to La. R.S. 33:1704 directly to the marshals before depositing other […]