EXECUTIVE ORDER NO. MJF 98-33

EXECUTIVE ORDER NO. MJF 98-33

Justice System Funding Commission


WHEREAS, the funding of state offices and entities within the justice system of the state of Louisiana, set forth in Article V of the Louisiana Constitution of 1974, as amended, (hereafter "justice system") comes from a combination of sources including state appropriations, local government funding, federal grants, and self-generated funds;

WHEREAS, components of Louisiana's justice system may not be receiving adequate funding to perform the functions and provide the services which the public might consider necessary;

WHEREAS, local governments have voiced concern over the rising costs of funding the justice system's offices and the fiscal burden that such funding places on local governments; and

WHEREAS, the best interests of the citizens of Louisiana would be served by the creation of a commission that is charged with the duty of evaluating the adequacy of the funding of Louisiana's justice system and determining whether certain components of that system may require supplemental financial assistance from other sources in order to provide the services considered necessary by Louisiana citizens;

NOW, THEREFORE I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: The Justice System Funding Commission (hereafter "Commission") is established within the executive department, Office of the Governor.

SECTION 2: The duties of the Commission shall include, but are not limited to, the following:

  • A. Evaluating the manner in which the offices and entities of Article V of the Louisiana Constitution of 1974, as amended, (hereafter "justice system") are funded; and

  • B. Analyzing the need for and means to provide adequate supplemental funding for any component of the justice system that is receiving inadequate funding.

  • SECTION 3: The Commission shall submit a comprehensive written report to the governor, the speaker of the Louisiana House of Representatives, and the president of the Louisiana Senate by January 1, 2000.

    SECTION 4:

    A. The Commission shall consist of the following voting members:

  • 1. The president of the Senate, or the president's designee selected from the membership of the Senate;

  • 2. The speaker of the House of Representatives, or the speaker's designee selected from the membership of the House of Representatives;

  • 3. The chief justice of the Louisiana Supreme Court, or the chief justice's designee;

  • 4. The attorney general, or the attorney general's designee;

  • 5. The executive counsel to the governor;

  • 6. The chair of the Senate Finance Committee, or the chair's designee selected from the membership of the committee;

  • 7. The chair of the House Appropriations Committee, or the chair's designee selected from the membership of the committee;

  • 8. The commissioner of administration, or the commissioner's designee;

  • 9. The secretary of the Department of Corrections, or the secretary's designee;

  • 10. The executive director of the Louisiana Children's Cabinet, or the executive director's designee; and

  • 11. The judicial administrator of the Louisiana Supreme Court, or the judicial administrator's designee.

  • B. The Commission shall also consist of the following voting members who shall serve at the pleasure of, and be appointed by, the Governor:

  • 1. A representative of the Louisiana Municipal Association;

  • 2. A representative of the Louisiana Conference of Mayors;

  • 3. A representative of the Police Jury Association of Louisiana;

  • 4. A representative of the Louisiana Sheriffs' Association;

  • 5. A representative of the Louisiana District Attorneys Association;

  • 6. A representative of the Louisiana Juvenile Judges' Association;

  • 7. A representative of the Louisiana District Court Judges' Association;

  • 8. A representative of the Louisiana Appellate Judges' Association;

  • 9. A representative of the Louisiana Clerks of Court Association;

  • 10. A representative of the Louisiana Justices of the Peace Association;

  • 11. A representative of the Louisiana State Coroners Association; and

  • 12. Five (5) members who represent the businesses and professions of Louisiana.

  • C. The Commission shall also consist of the following non-voting members who shall serve at the pleasure of, and be appointed by, the Governor:

  • 1. A representative of the Council for a Better Louisiana;

  • 2. A representative of the Bureau of Governmental Research;

  • 3. A representative of the Public Affairs Research Council of Louisiana; and

  • 4. A representative of Metrovision.

  • SECTION 5: The governor shall select the chair of the Commission from its membership. The membership of the Commission shall elect all other officers.

    SECTION 6: The Commission shall meet at regularly scheduled intervals and at the call of the chair. A majority of the voting members shall constitute a quorum.

    SECTION 7: Facilities for the meetings of the Commission shall be provided by the Office of the Governor.

    SECTION 8: The members of the Commission shall not receive compensation or a per diem. Nonetheless, contingent upon the availability of funds, members who are not an employee of the state of Louisiana or one of its political subdivisions, or an elected official, may receive reimbursement from the Office of the Governor for actual travel expenses incurred in accordance with state guidelines and procedures, with the prior approval of the commissioner of administration.

    SECTION 9: All departments, commissions, boards, agencies, and officers of the state, or any political subdivision thereof, are authorized and directed to cooperate with the Commission in the implementation of the provisions of this Order.

    SECTION 10: This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

    IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of the state of Louisiana, at the Capitol, in the city of Baton Rouge, on this 14th day of July, 1998.

    M.J. "Mike"Foster, Jr.
    Governor

    ATTEST BY
    THE GOVERNOR
    Fox McKeithen
    Secretary of State