Parish Courts in the U.S.

Parish courts are local courts in Louisiana that handle certain civil, criminal, and traffic matters within their designated parish. The scope of jurisdiction is similar to county courts in other states in the United States, as they generally hear less complex cases such as misdemeanors, small claims, and ordinance violations. More serious cases are directed to Louisiana's district courts.

Parish courts do not exist in all states in the United States but are a unique feature of the Louisiana court structure. While every other state in the United States is divided into counties, Louisiana is divided into parishes. This distinction originates from Louisiana's French and Spanish colonial past, when church parishes served as the basic units of local governance.

Historical Background of Parish Courts

Parish courts in Louisiana can be traced to the colonial era when the region was governed successively by France and Spain. In these periods, local governance was structured around parishes, which mirrored the boundaries of ecclesiastical parishes in the Catholic Church. In addition to being spiritual jurisdictions, parishes also served administrative and judicial functions in community life. When the Pelican State became a U.S. territory after the Louisiana Purchase of 1803, the American legal system began integrating with existing structures, but the term "parish" remained.

Structure and Jurisdiction of Parish Courts

Parish courts only exist in Louisiana in the United States. Although Louisiana is divided into 64 parishes, not all of them have parish courts. These courts only exist in the more populous parishes where there is a higher volume of minor civil and criminal cases. Currently, there are three parish courts in the state: two in the Parish of Jefferson and one in the Parish of Ascension.

Parish courts are presided over by judges elected by voters (in the parish) to serve six-year terms. Candidates for parish court judgeships are required to be licensed attorneys (for a minimum of 8 years) in Louisiana and meet certain residency and experience requirements set by state law.

The candidate must be domiciled in the parish for at least one year preceding their election. Although an elected judge who reaches age 70 while serving a term of office will be allowed to complete their term, the candidate must be younger than the mandatory retirement age of 70 before being elected.

Parish Courts in Louisiana

Parish courts do not exist in many Louisiana parishes. They are relatively rare and are only available in two parishes:

• The First Parish Court of Jefferson Parish: Established in 1962, the First Parish Court of Jefferson Parish has jurisdiction over all misdemeanor and traffic offenses occurring on the East Bank of Jefferson Parish, including:

  • Simple battery
  • Shoplifting under $500
  • Theft under $75,000
  • Disturbing the peace
  • First- and second-offense DWI
  • Title 14 violations (hit-and-run, ROMV, simple obstruction)
  • Title 32 motor vehicle infractions (speeding, driving under suspension, failure to yield).
  • Civil suits where the amount in controversy does not exceed $20,000.

  The court sits at 924 David Drive, Metairie, LA 70003, Monday through Friday from 8:30 a.m. to 4:30 p.m. (to 6:30 p.m. for traffic matters only).

• The Second Parish Court of Jefferson Parish: Established in 1966, the Second Parish Court of Jefferson Parish handles similar classes of misdemeanor and traffic offenses as the First Parish Court of Jefferson Parish, but on the West Bank of Jefferson Parish and Grand Isle. These include:

  • Theft under $300
  • Shoplifting under $100
  • Simple battery
  • DWI 1st and 2nd offenses
  • Title 14 traffic crimes
  • Title 32 violations
  • Civil disputes up to $20,000 in damages

  Located at 100 Huey P. Long Avenue, Gretna, LA 70053, the Second Parish Court of Jefferson Parish operates Monday through Friday, but not on legal holidays. Office hours are from 8:30 a.m. to 4:30 p.m.

• Ascension Parish Court: Created in 1976 by the Louisiana Legislature, the Ascension Parish Court's jurisdiction covers the municipalities of Donaldsonville, Sorrento, Gonzales, and other areas of the parish outside the municipalities.

  The court has courthouses in Donaldsonville and Gonzales and adjudicates civil suits and claims up to $20,000, misdemeanors, and traffic offenses similar to the other two parish courts. The Ascension Parish Court's normal operating hours are Monday through Friday between 8:30 a.m. and 4:30 p.m.

Types of Cases Heard in Parish Courts

Parish courts in Louisiana handle localized minor matters, allowing the district courts to handle more complex cases. Dockets of the parish courts in Louisiana include cases in the following categories:

Criminal Cases

Parish courts exercise concurrent original jurisdiction with district courts over misdemeanors punishable by fines up to $1,000 or six months' imprisonment, including simple assault, DWI (first and second offenses), shoplifting, and other low-level offenses. They also adjudicate violations of parish and municipal ordinances such as noise, building-code breaches, and public-nuisance infractions.

Civil Cases

Louisiana parish courts hear civil disputes up to $20,000, covering small-claims lawsuits, landlord-tenant actions for eviction or past-due rent, and minor contract breaches, for example, unpaid services or goods.

Traffic and Ordinance Violations

Traffic infractions under Title 32, such as speeding, driving under suspension, seatbelt violations, and Title 14 traffic crimes, including hit-and-run, fall within the scope of the parish court jurisdiction.

Family-Related Matters

Parish courts in the Pelican State also address family-related matters such as child custody, child support, or certain domestic disputes that occur within their borders. These cases are usually limited in scope, with more complex family law matters (such as those involving divorce, alimony, and property distribution) reserved for the district courts.

The Parish Court Process

Cases in Louisiana parish courts typically follow the following steps:

• Filing a Complaint or Citation: A parish court case is initiated when a litigant files a civil petition for disputes up to $20,000 or when law enforcement issues a citation for a misdemeanor or traffic infraction. The civil petition is then submitted to the court clerk's office in line with the Louisiana Code of Civil Procedure.
• Arraignments and Hearings: In criminal and traffic cases, the court schedules an arraignment or initial appearance before the parish court judge where the defendant is read the charges, and the defendant enters a plea (guilty, not guilty, or no contest). Civil disputes proceed to scheduled hearings where both parties present their claims, defenses, and evidence.
• Bench Trials vs. Jury Trials: Most cases in Louisiana parish courts are typically resolved via a bench trial in which only the judge hears the case (no jury) and issues a decision. However, in some limited criminal matters, defendants may request a jury trial. If a defendant seeks a jury trial in a misdemeanor matter, the case must be transferred to the district court before trial.
• Appeal to Louisiana District Courts: Decisions from parish courts are not final, as they may be appealed to a higher court. Parties who disagree with the outcome may appeal to the appropriate Louisiana district court with jurisdiction over the matter. Note that appellants must file a petition for appeal within 10 days of the parish court's ruling and pay the prescribed appeal bond or fee.

Accessibility of Parish Court Records

The following types of parish court records are generally accessible to the public:

• Case dockets listing all filings, hearings, and scheduled proceedings
• Judgments and orders issued by the court
• Traffic citations and disposition information
• Civil filings such as small-claims petitions, landlord-tenant actions, and minor contract disputes

However, the following parish court records are restricted and not open to the public:

• Juvenile proceedings, which are confidential under Louisiana law.
• Sensitive criminal matters, such as those involving victims of domestic abuse or sealed plea agreements.
• Records sealed by court order, often to protect privacy, ongoing investigations, or minors.

Note that access to parish court records in Louisiana is available in the following ways:

• Online: You may access parish court records online via the Louisiana Clerk of Court portal. This portal allows users to search by case number, party name, or date range. However, an account is generally required to perform a search on the portal.
• In-Person: You may visit the local parish clerk of the court's office to perform a search of their dockets, request certified copies, or inspect case files. The clerk's office serves as the official custodian of all filings, preserving paper and digital records under parish-level jurisdiction.

Obtaining certified copies of judgments, orders, or filings typically involves fees set by parish clerks, which may range from a few dollars per page to flat per-document charges. Also, when requesting certified copies in person, a valid government-issued ID is typically required to verify the requester's identity.

Alternatively, persons looking to find Louisiana parish court records may use the Court Case Finder system, a statewide platform that aggregates multiple parish court databases into one searchable system. The CCF portal allows users to search multiple parishes at once without visiting multiple websites or courthouses. In addition, the CCF portal is user-friendly and less expensive than conducting multiple searches on the Louisiana Clerk of Court portal.

Comparing Parish Courts to Other Courts in Louisiana

Louisiana parish courts have limited jurisdiction but share jurisdiction with the district courts in the state in some matters. Per criminal cases, parish courts can hear offenses in which the maximum penalty does not exceed a $1,000 fine, six months in jail, or both. In civil matters, Louisiana parish courts generally have concurrent jurisdiction with district courts for disputes involving amounts of up to $20,000. Also, parish courts handle traffic violations and parish ordinance infractions.

By contrast, district courts are courts of general jurisdiction handling the full range of criminal and civil matters, including felony trials, major civil lawsuits, probate and succession cases, and family law disputes, such as divorce and custody.

Per Louisiana law, parish courts in the state cannot hear cases involving:

• Divorce
• Annulment of marriage
• Alimony
• Division of property
• Matters where a government entity is named as a defendant
• Disputes over title to real estate
• Election contests
• Claims involving constitutional rights under state or federal law
• Juvenile cases in Jefferson Parish

Parish courts' jurisdiction is similar to that of city courts in Louisiana, with both courts considered limited-jurisdiction courts. However, parish courts' territorial jurisdiction covers an entire parish, while city courts' territorial jurisdiction is limited to individual municipalities. Hence, city courts hear cases arising under municipal ordinances, traffic laws, and small civil disputes within city limits.

Also, while parish courts share civil jurisdiction with district courts in disputes up to $20,000, city courts typically handle civil matters up to $15,000 (with some large cities authorized up to $50,000) and minor criminal offenses, including ordinance and traffic violations.

FAQs About Parish Courts

The following are frequently asked questions about parish courts in the United States.