Marksville agrees to fund half of City Court’s budget

     The City Council held a short meeting on July 27, with most of it behind closed doors discussing the funding spat between the city and City Court. 

     The lawsuit against the City of Marksville and the Avoyelles Police Jury seeks full funding of the court’s submitted budget. The Police Jury agreed to pay half of that budget earlier last month. The City Council approved paying $6,100 for the month of July and $8,525 a month for the following months until the issue is decided in 12th Judicial District Court.

     Mayor John Lemoine and the council met behind closed doors for only 15 minutes before deciding to fund the monthly costs. When the council reconvened in public session, it voted quickly and unanimously for the proposed funding.

     Judge Harry Randow handed down the funding request. Randow is presiding over the case due to 12th Judicial District judges Billy Bennett and Kerry Spruill recusing themselves from  from hearing the case.

    Randow asked Marksville and the Police Jury to split the cost of running the court in a meeting during the week of July 20 in Marksville.

The $8,525 per month will equal a total $102,300 a year for Marksville -- which is half of the $204,498.88 budget submitted by  City Judge Angelo Piazza III.

    “This is a good faith effort,”  Councilman Frank Havard said after the meeting. “The judge asked us to do this and the city agreed. This is only until the lawsuit is settled.”

    The City Council had cut the court’s budget to $58,200, and then authorized paying only half of that -- $29,100 -- starting with the new budget year on July 1. The city had paid $2,425 in July when an agreement was reached with the 12th Judicial District Court to pay the additional $6,100 for the rest of July. The city will fund the full amount under the agreement  each month until the case is settled.

The Police Jury will also pay  $8,525 a month to cover  the other half of the court’s budget, above what they pay for retirement and insurance for the court employees.

    Jury President Charles Jones has said state law would allow the Police Jury to receive all fines for cases prosecuted as violations of state statutes while the city would still receive fines for cases prosecuted as violations of city ordinances. 

    Under the previous arrangement between the city and the parish, Marksville paid most of the court’s operating costs and received all of the fines.

    Before the current agreement, Lemoine repeatedly said the state law that created Marksville City/Ward 2 Court establishes certain minimum costs that are required and mandates that the city pay half of the court’s cost and the Police Jury pay half.

    The city  disputes the City Court’s submitted budget.

    Piazza filed a “writ of mandamus” which is a legal action seeking to have a court order the defendant to take action required by law. A mandamus hearing would have to be held to determine whether the action sought falls within the scope of that type of legal remedy. If it does, the court would then hear arguments to determine if the action being sought is proper or if the defendant is already abiding by the law.