LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: SB 1 SLS 201ES 4
Bill Text Version: ORIGINAL
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 9, 2020 9:21 AM Author: CONNICK
Dept./Agy.: Office of Risk Mgmt/Attorney General/Supreme Court
Subject: Reduces jury threshold. Analyst: Rebecca Robinson
CIVIL PROCEDURE OR SEE FISC NOTE GF EX Page 1 of 1
Reduces jury trial threshold from $50,000 to $20,000. (1/1/21)
Proposed legislation reduces the jury trial threshold from $50,000 to $20,000.
Effective January 1, 2021.
EXPENDITURES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
There will be an indeterminable impact to the Office of Risk Management (ORM), the Louisiana Supreme Court ( LSC), and
the Attorney General (AG) as a result of the reduction in the jury threshold.
ORM reports an indeterminable impact associated with the lowering of the jury threshold as it is unknown whether this would
lead to an increase or decrease in jury trials; and/or an increase or decrease in settlements. ORM indicates that the
prevailing opinion is that defendants experience a greater opportunity for a fair trial before a jury. Thus, the expansion of
the availability of jury trials may lead to more settlement of cases involving significant injuries, possibly lowering the
expenditures of ORM. However, the lowering of the jury threshold could lead to an increase in jury trials actually conducted,
which would increase the expenditures of ORM due to increased attorney’s fees and associated litigation costs. Therefore,
any expenditure increase or decrease to ORM is indeterminable at this time.
The AG’s office reports there will be an increase in expenditures as a result of the reduction of the jury threshold.
The AG indicates that virtually all of their cases would be eligible for a jury trial. The AG anticipates needing an additional 9
attorneys, 9 paralegals, with associated operating expenses and acquisitions for an annual total of $1.8M (1 attorney and 1
paralegal for each of the satellite offices,and 4 attorneys and 4 paralegals for each subject matter area in the main office).
It is unknown how many cases will actually qualify for a jury trial; how many will actually go to trial; and the extent to which
it increases the AG’s workload. The LFO recognizes a potential workload adjustment for the AG; however, the LFO is unable
to substantiate the level of resources needed by the AG’s office.
Based on information received from the LSC, district judges anticipate the lowered jury trial threshold will result in increased
requests for jury trials, which are docketed in a limited manner. As a result, the increased demand for jury trials may lead
to a delay in trials and backlogged dockets, potentially necessitating more judgeships which would require funding via the
SGF. However, because the extent to which there will be additional trials as a result of the proposed law is indeterminable,
the overall effect it will have on dockets, and the prospective need for additional judgeships is similarly indeterminable.
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Evan Brasseaux
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director