Louisiana's justice of the peace court system is facing scrutiny following a Guardian investigation that suggests it may be violating tenants' constitutional rights. These courts, which handle thousands of evictions annually, operate with judges who are paid directly by the fees their courts charge, including costs from eviction cases.
The investigation, spanning nine months, found that the interplay between these fees and judges' personal incomes creates potential conflicts of interest. Housing advocates and legal experts suggest this system could incentivise judges to evict tenants and favour landlords who bring cases and fees.
Some part-time justice of the peace judges have earned significant incomes, with one reportedly earning over $400,000 last year, exceeding the chief justice of the US Supreme Court's compensation. Five judges earned more than $220,000 in a single year from filing fees, largely from eviction cases.
Retired California appeals judge Lisa Foster described the system as "blatantly unconstitutional," citing a century-old US Supreme Court precedent regarding judges with direct financial interests in case outcomes. Despite this, Louisiana's state government has reportedly expanded these justices' authority through new laws.