Justice Rendered from a Hovel!

Judge Michael G. Bagneris, Chairman of the New Courthouse Building Committee, Orleans Parish Civil District Court

            Only an alien from a distant planet or an escapee from Ken Kesey’s “cuckoo’s nest” would deny the need for a new courthouse to replace the dilapidated/antiquated courtrooms and parochial offices housed at 421 Loyola Avenue. The evidence of this need is overwhelming.  The air-conditioning-and- heating system is a joke.  In the winter, one can hang meat in the judges’ chambers and courtrooms.  In the summer, well, let’s just say it’s a good thing one can’t see under the robe.  The bathrooms are a total disgrace.  The graffiti is a welcome distraction from the cracks, creeping mold, peeling paint, and broken commodes.  Rain still infiltrates the building.  On any given day, it’s a crapshoot as to whether even one elevator will be working.  And, the litany goes on.  The need for a new courthouse was recognized many, many years ago.  There have been several failed attempts to achieve this goal.  This article will not dwell on the past, however; it will address the future. 

            In the 2010 legislative session, Senator Edwin Murray sponsored two bills – Act 768 and Act 900.  Both Acts received the support of the Orleans legislative delegation.  Act 768 provided a potential site for the new courthouse, namely, Duncan Plaza.  Act 900 provided for a Building Commission and a basis for a stream of revenue.  Specifically, Act 900 allowed for court costs to be increased in two phases.  The increased revenue is earmarked for the construction of a new courthouse.

Phase One of Act 900 reads as follows:

B.(1)  Until such time that public bids are let for the construction project, the amounts of the costs and charges which may be imposed shall be as provided in this Paragraph.

Service Provided                     Amount of Cost Authorized

(a)  Recordings                        Up to thirty dollars per recordation

(b)  Civil Filings                      Up to twenty-five dollars per civil filing

(c)  Jury Trials                         Up to one hundred dollars per jury requested

(d)  Class Actions                   Up to one thousand twenty-five dollars per class certified

Phase Two states:

(2)   After public bids are let for the construction project the amounts of costs and charges which may be imposed shall be as provided in this Paragraph. 

Service Provided                     Amount of Cost Authorized

(a)  Recordings                        Up to thirty dollars per recordation

(b)  Civil Filings                      Up to two hundred dollars per civil filing

(c)  Jury Trials                         Up to two hundred dollars per jury requested

(d)  Class Actions                   Up to two thousand fifty dollars per class certified

(e)  All matters filed                Up to ten dollars per item filed into the civil suit record

(3)  The matters filed into a civil record upon which the costs provided for in Subparagraph (2)(e) of this Subsection shall be imposed shall include but not be limited to petitions, motions, orders, judgments, citations, rules, evidence, correspondence, affidavits, dismissals, depositions, writs, appeals, answers, subpoenas, and jury matters.

            Prior to implementing the fee increases allowed by Act 900, the Building Commission formed an Executive Committee to be chaired by Judge Michael G. Bagneris.  This Committee was charged with the responsibility of informing the community and gaining support for the new courthouse.  Responding to this charge, one of the first acts of the Committee was to increase its members.  Other stakeholders were added: parochial officials and judges.  All of the law associations were contacted.  Those that could give resolutions of support did so.  In fact, the New Orleans Bar Association (NOBA) established an ad hoc committee to assist the Building Commission in any way necessary to accomplish the goal.

            The Downtown Development District (DDD) recognized that a new courthouse would serve as an economic catalyst during construction.  Also, after construction, it would continue to serve as an economic engine for the area.  The DDD has issued a supporting resolution.  The New Orleans City Council and the Mayor also support the construction of a new courthouse.

            Numerous meetings were scheduled with leaders of the community, particularly with members of the Bar, plaintiff and defense.  Since the real estate community was going to be impacted by the increased recordation fees, leaders in this field participated, as well, in several meetings.  Additionally, hundreds of potential jurors were informed of the Building Commission’s goal of building a new state-of-the-art facility.  Having experienced the deplorable conditions of the present site, this goal was enthusiastically embraced.  Satisfied that the Committee met its initial charge, the Building Commission decided it was time to take an affirmative step regarding Act 900. 

            In October of 2011, the Building Commission enacted Phase One, adding $25 to civil filings and $15 on certain recordations.  The dedicated fees from Phase One will help to defray the initial cost of construction (i.e. design, planning, feasibility, equipping, etc.).  Phase Two increases will help defray the actual cost of construction and maintenance.

            Realizing that it would need substantive technical guidance on this project, the Building Commission charged the Executive Committee with the responsibility of finding a project consultant.  Ads were placed, applications were received, and interviews were conducted.  Three potential candidates were selected.  Kenneth Schwartz, Dean of Architecture at Tulane University, volunteered to assist the Court.  He agreed to interview the three candidates and share his views with the Committee.

            James W. Baker III was chosen and serves as the Court’s project consultant. He immediately established two major goals:

            First, a needs assessment and/or a pre-plan design will be conducted/created.  Next, a revised, detailed financial plan will be crafted.  It is presently projected that the cost of this new courthouse will be $120 million.  Simply stated, the funds for this edifice will be derived from the increased fees, City revenues, and tax incentives.

            Once construction starts, it should take approximately two (2) years to complete.  Act 900 gives a deadline of August 15, 2014 to accept public bids for the construction of a new facility.  Assuming all deadlines are met and the weather cooperates, a new edifice ought to be constructed no later than 2016.  This City deserves a 21^st-century courthouse.  Working together, that’s exactly what we will achieve.