Absent specific legislation, the Attorney General has stated that excess fees and court costs may not be retained in a separate account for payment of judicial salaries once the statutory max is paid. See AG Op. No. 09-0310
According to the AG, these excess funds should be retained in the Court’s Civil Advancement Deposit account.
The Court should comply with the provisions of R.S. 13:1907 to provide notice and attempt to refund those due refunds. Such attempts shall be documented. After five years, the Court is specifically authorized by this statute to transfer surplus funds remaining to its general operating account. Additionally, the Court is authorized to transfer annually any interest accruing on the monies in this fund to the Court’s general operating account.
The Court may want to consider obtaining specific legislation to address its concerns.
Louisiana Legislative Auditor website: 05/22/2026 11:33:43 AM
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