A recent class action lawsuit argues that a Louisiana law allowing justices of the peace to pay for their salary and operating expenses via fees in eviction proceedings violates the 14th Amendment.Ěý
Filed in the U.S. District Court for the Middle District of Louisiana, the Feb. 25 lawsuit was brought by resident Latoria George against Steven Sanders, the Ward 3 District 2 justice of the peace for East Baton Rouge. That court encompasses the southwestern portion of the parish, including Old Jefferson and part of Inniswold.
The lawsuit alleges that Sanders — who it claims has a higher salary than district, appellate and state Supreme Court justices — routinely charges landlords the maximum fee permitted for eviction proceedings before shifting those fees to tenants. The document alleges he then uses those fees to fund court operations and his salary, which ranged from $197,000 to $266,000 between 2019 and 2023.
Sanders, who is represented by the Louisiana Attorney General’s Office, declined to comment Tuesday.
Lawyers argue fewer rights in Justice of the Peace courts
George, who is facing eviction proceedings in Sanders’ court due to nonpayment of rent, is represented by attorneys with the Southern Poverty Law Center (SPLC) and National Housing Law Project, along with civil rights attorney Bill Quigley.
The case’s class encompasses all tenants who will or are currently facing eviction proceedings in Sanders’ court. According to the case docket, a scheduling motion is pending.
State law doesn’t require justices of the peace to be lawyers. It that they must be “of good moral character,” have a high school diploma, be able to read and write English correctly, be a resident of their district and be able to legally vote.Ěý
According to , Sanders has a law degree from LSU and was elected in 1996 for his first term as justice of the peace.
District courts, city courts and justice of the peace courts each have different procedural rules. Eviction proceedings can take place in any of them.
“A tenant in eviction proceedings before a justice of the peace in East Baton Rouge Parish does not have the same right to a formal trial, including the protections of the rules of evidence or an on-the-record hearing, as a tenant in eviction proceedings in the 19th Judicial District Court or in one of the city courts,” the attorneys wrote in the lawsuit against Sanders.Ěý
A portion of Sanders’ district shares jurisdiction with the Baton Rouge City Court, but Sanders’ court has a lower filing fee for eviction proceedings at $120, according to the lawsuit.Ěý
The attorneys also argue that a stipulating the appeals process for justice of the peace courts violates the 14th Amendment's Equal Protection Clause.
"Limiting the appellate rights of tenants facing eviction before justices of the peace, but not the appellate rights of tenants facing eviction before a city or district court, is not rationally related to a legitimate government interest," they wrote.
Conflicts of interestĚý
The lawsuit shares similarities with a , in which the 5th Circuit Court of Appeals found Orleans Parish Criminal District Court judges had “an institutional conflict of interest” in determining whether they can jail people who fail to pay fines and fees. Revenue from those fees had been used to pay staff and office expenses.
In the Baton Rouge case, the attorneys claim that Sanders oversees 300 to 400 eviction cases per month and heard between 28,000 and 38,000 petitions for eviction over an eight-year period. According to the lawsuit, between 85% and 97% of Sanders’ court revenue in 2019 through 2023 was obtained via court fees.
The suit claims that Sanders typically “shifts court costs and fees from the landlord to the tenant in his judgment.”
The attorneys argue theĚý allowing eviction proceeding fees to fund salaries and court operations violates the Equal Protection Clause of the 14th Amendment, because a judge who has a financial interest in the outcome of a case is not impartial and disinterested.Ěý