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State law requires parish governments to cover many of the expenses of the criminal justice agencies in their jurisdiction. But the law doesn’t define what adequate funding should look like.
When parishes are flush with cash, this generally isn’t a problem. District attorneys, sheriffs and judges make their budget requests, and parish presidents, councils and police juries are often happy to oblige. After all, everyone wants to keep their streets safe and put the bad guys away.
But as St. Tammany Parish has discovered, when the money’s tight, things can get testy. Officials there have tried and failed five times in recent years to get public approval for criminal justice funding, and the budgeting debate has moved from the political arena to the courtroom.
That’s not usually how it works, but it does happen. And with the rising anti-tax sentiment among voters, it might happen more often, which is why locals may want to keep an eye on the outcomes in St. Tammany.
The late District Attorney Warren Montgomery fired the first volley in 2022, suing parish government for allegedly not funding his office up to legal standards. Parish government filed suit against the DA, hoping a judge would say the funding is adequate.
Not to be outdone, the 22nd Judicial District Court sued the parish in 2023. Without getting too deep on the legal back-and-forth, the main question is straightforward: How much does the parish have to pay to meet its state mandate?
“Let’s get a determination of these statutes,” Parish President Mike Cooper said last week, explaining the rationale to seek declaratory judgments against the criminal justice agencies. “We need to find out what our mandates are.”
