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A Brief History of the Louisiana Juvenile Courts: 1906-07

The First Attempt

In New Orleans, the Recorder's Court* acted as a de facto Juvenile Court. In fact, newspapers of the time even referred to it as Juvenile Court. The State Legislature, however, did not try to create an official Juvenile Court until 1906, with the passage of Act No. 82. Unfortunately, there were some drafting problems with the language of the act.

On January 4, 1907, Judge Frank D. Chretien, of Section B of the Criminal District Court, found that the Juvenile Court Act of 1906 failed to create a separate Juvenile Court, and was unconstitutional in that his criminal court had no jurisdiction of a case brought in his court. District Attorney Porter Parker disagreed, and filed an application to the Louisiana Supreme Court for a writ of certiorari and mandamus to compel Judge Chretien to try the case.

The Louisiana Supreme Court, in In re Parker, 118 La. 471 (1907), 43 So. 54, affirmed Judge Chretien's conclusions as to the unconstitutionality of the act. Justice Land's opinion found that the civil district court of the Parish of Orleans could not constitutionally exercise the jurisdiction conferred on it by Act No 82 of 1906.

 

*Recorder's Court

The Recorder's Courts were police courts. By Section 1582: " The said recorders shall each have the jurisdiction of committing magistrates and to enforce all city ordinances, and to try, sentence and punish all persons who violate any legal and valid city ordinance. They and their clerks shall have power to administer oaths; and the recorders shall have power to punish as other courts for contempt, to compel witnesses to appear and testify."

The Revised Statutes of the State of Louisiana from the Organization of the Territory to the Year 1884 Inclusive (Wm. A. Seay & John S. Young, comps.) 5 (1896)

Act No. 82

Judge Chretien's opinion

In re Parker