A little-known new law might serve as the beginning of an answer for making a superfluous, anachronistic office more relevant in the 21st century.

Starting last month, courtesy of Act 950 passed this year, East Baton Rouge Justice of the Peace Districts were extended into Baton Rouge. That means they overlap with the Baton Rouge City Court, but in only one area of jurisdiction: evictions involving monthly rents of less than $5,000.

Area legislators successfully advocated for the measure to reduce the backlog of eviction cases piling up in City Court. Ordinarily, within their jurisdictions, JPs deal with evictions, bail, and minor cases (with an amount in controversy of less than $5,000 or without hard labor as a potential penalty), litter abatement, movable property abandonment with parish approval, and, in a few parishes, immovable property standards and nuisance cases.

Decades ago, when the state was much more rural and people were less able to travel to courthouses, JPs made more sense. But today, particularly in urban parishes, they are superfluous; many JPs do little, as do their officers of the court, the constables, according to their filed financial statements. Most parishes have at least one city with a city court (and a few have a similar parish court) that is an aggrandized version of a JP with much more jurisdiction within city boundaries, and an aggrandized constable called a marshal who also has much more extensive duties that overlap with local law enforcement.

The system’s potential for idleness also lends itself to abuse. In Caddo Parish, one constable tried to build his own law enforcement unit, while in Jefferson Parish a JP and his constable worked together to defraud taxpayers.

However, the model in East Baton Rouge holds out promise as a way to make the JP system more useful and relieve congestion in city or even district courts. Where identifiable backlogs exist, JP jurisdiction could be expanded.

Yet, rather than proceeding in a piecemeal fashion, the state should undertake an organized effort. Last year, the Legislature requested a performance audit of JPs; completed earlier this year, the audit demonstrated their largely dormant nature. The Legislative Auditor also noted in an earlier report that some marshals raked in big bucks (Baker’s marshal, who also served as police chief of the city with about 12,000 residents, recently drew nearly $500,000 annually, which would make him the highest-paid elected or appointed official in the state).

This information can be used, along with annual reports issued by city and parish courts, to determine where overloads exist and to inform further analysis of whether jurisdiction might be extended to other minor matters. Because JPs can handle evictions at present (there are professional education requirements that must be met to serve as a JP, even though a law license isn’t required), evictions could be a good area for expanded jurisdiction. Other areas might also be added, although doing so could require additional training.

At the very least, the Legislature should set up a study of this possibility, with the potential for legislation to follow should the idea merit pursuit. State and local governments chip in for JP and constable operations (although the offices largely operate on a self-funded basis when they choose to do so), so this would help taxpayers get more bang for their buck.

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