A bill would fund a new facility by raising filing fees, but some worry the cost will be too high
Legal professionals around New Orleans describe the Civil District Courthouse at 421 Loyola Ave. as "terrible" and "revolting," its condition somewhere between "obsolete" and "deplorable." Judges, attorneys, and politicians agree that the courthouse is beyond repair and needs to be replaced with a new building.
The biggest obstacle is money. The estimated cost of building a new courthouse ranges between $75 million and $90 million. In order to raise funds for construction, the Civil District Court is trying to push a bill through the state Legislature to increase court filing fees. The bill was passed in the House as a similar one did last year
But Senate opponents say higher fees can prevent ordinary citizens from seeking justice.
Carolyn Gill-Jefferson, chief judge of the Civil District Court, said that the city of New Orleans has the legal obligation to provide suitable courtroom space. But realistically, the city can't afford to construct a new building.
"We judges understand the financial condition of the City of New Orleans," she said. "We're proposing to use fees from our judicial expense fund to assist the City service the debt on a new courthouse."
The Civil District Court funds itself through the nearly $16 million in fees it receives annually. Officials say Orleans Parish's filing fees are among the lowest in Louisiana. They estimate that nearly 40% of all litigation in the state takes place in the Civil District Courthouse.
A proposal is already in the works that would entail building a new courthouse where the old Louisiana Supreme Court building stands, now that that judicial entity has recently returned to its former home in the French Quarter. In return for using state-owned land, some state offices would be housed in the new building. Additionally, the courthouse would earn revenue from renting out retail space on the ground floor.
This proposal is separate from Mayor Ray Nagin's plan to build a new municipal complex to house City Hall and other agencies. While that plan is gathering steam and could include space for Civil District Court, it is still in its rudimentary stages; proponents of a new courthouse see the situation as too dire to wait.
Proponents are also quick to point out that for other parishes such as St. Tammany, Jefferson, and Baton Rouge, comparable bills have passed in the state legislature. "We're the only parish in the state that does not have the right to increase fees to support new courthouse construction," stated Phil Wittman, chairman of Stone Pigman Walther Wittman and president of the New Orleans Bar Association whose 2,700 members he said support the bill.
The bill neglects to state exactly how much fees will be raised. Its author, Rep. Edwin Murray, D-New Orleans, said he didn't include a fee schedule because no one knows exactly how much the building will cost, and he felt a schedule would handicap the bill's approval. Since judges are elected, he is confident that they will not risk alienating their constituents by raising fees excessively.
However, the lack of a fee schedule is one of Sen. Paulette Irons, D-New Orleans, main objections to the bill. "I do believe we need a new courthouse," she said. "But I want them to tell me how they're going to pay for this building. They don't have the numbers yet. Knowing the numbers is the only way we can make an intelligent decision."
"If it comes in that the fees are to be increased 100%, I can't be in favor of that," she continued. "I'm afraid we will price people out of redress." She pointed out that while judges would be the ones setting new fees, legislators will be held accountable for granting them this authority.
Proponents of the bill, on the other hand, maintain that increasing fees will not inhibit people from seeking justice. The court waives fees for plaintiffs who fall below a certain income threshold. In any case, any increase would be small compared to the dollar amount of most lawsuits. Plaintiff lawyers do not see increased fees as a significant drain on their businesses.
"For many of our clients, they can't afford to pay the fees. Lawyers like us pay them, and if we're not successful, we eat them," said Maury A. Herman, president-elect of the Louisiana Trial Lawyers Association and a partner at Herman, Herman, Katz & Cotlar. "But I think it effects our business if they don't raise the fees. That courthouse is a disgrace. It impacts how we present our clients. Sometimes you just have to bite the bullet."
The Civil District Courthouse was built in 1959 when, unlike today, there were few jury trials. Lawyers report that juries have difficulty paying attention to testimony in the cramped and uncomfortable conditions. No private chambers exist for them to deliberate, nor are there any mediation rooms. Judges' chambers are inadequate, and their staffs' efficiency is taxed by small offices. The antiquated facilities also mean that modern ways to present evidence, such as via laptops, are difficult to impossible, as are other 21 st century developments in the world of law.
Furthermore, the building is reportedly bulging at the seams with too many courts and offices, including Juvenile Court whose ragged facilities many fear give the message to young people passing through that the system doesn't care about them. Because of a lack of space, irreplaceable historical archives are stored in the basement where flooding from rains is a constant threat and employees have to wear hardhats.
The three elevators are slow and invariably one is out of order. Plumbing from the restrooms leaks into a judge's chambers. In the summers, it's common for the air conditioning to break down, forcing the courts to go on a reduced schedule. Poor storage facilities often cause files to be misplaced, contributing to inefficiency. Maury A. Herman claimed that his firm's class action suit against tobacco companies had to be delayed when the ceiling caved in during the proceedings.
"No one wants to pay increased fees," he said. "But the situation over there is desperate."
