Well-intended fee creates unintended problem

By JIM BUTLER

Unintended consequences sometimes accompany best intentions.

Case in point: Act 194 of this year’s legislative session. It adds comparatively small fees to a range of driving offenses with proceeds going to the Louisiana Emergency Response Network Fund.

From speeding to street racing to reckless operation a fee is added to each fine collected, one of many such surcharges added to misdemeanor levies.

But there’s a problem on the upper end – adding $25 to first-offense DUI fines and $50 to second-violation fines (driving possible fines beyond $1,000) makes them what are labeled Duncan Misdemeanors, so-named for a landmark Louisiana case that affirmed the right to jury trial in misdemeanor cases in district courts.

That’s the last thing district courts need, considering the volume of cases they handle. And the last thing municipal courts want, considering the fines revenue involved.

The change has been an issue since early June. The Pineville City Council has an ordinance pending to add language to its City Code that it believes will allow cases to stay in its court.

Other jurisdictions are similarly studying what they can do while waiting to seek legislative correction next year.