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City of Broussard v. Watkins3/31/2004
PUBLISHED
REVERSED AND REMANDED.
In this case, the defendant, Michael Watkins, appeals the decision of the district court which suspended his occupational license for fifteen days. For the following reasons, we reverse the ruling of the trial court and remand for further proceedings.
FACTUAL BACKGROUND
Watkins was issued two misdemeanor summonses dated January 2, 2002, and March 22, 2002, for violations of Ordinance 144 at his place of business, Michael's Gentlemen's Club. Broussard, LA, Ordinance 144 (Mar. 14, 1995). There are court minutes in the record from the magistrate court proceedings that appear to have been filed as attachments to Watkins' Motion and Order for Appeal to the district court. The minutes indicate Watkins was arraigned on January 31, 2002, and he entered a plea of not guilty. On May 30, 2002, a motion to quash was denied. The magistrate court minutes, dated January 30, 2003, indicate Watkins again pled not guilty, and trial of motions was set for March 27, 2003. On that date, a motion to dismiss was heard and denied. The next minute entry, dated April 24, 2003, states, " lead (sic) not guilty guilty (sic) the judgment (sic) date is 4/24/03 occupational license is to be suspended for 15 days effective immediately upon conviction becoming final (after all appeals have been exhausted); verdict is combined for both convictions." Although a transcript of the March 27, 2003 hearing on a motion to dismiss/motion to quash appears in the record, there is no trial transcript in the record. The matter was appealed to the district court and that court affirmed the decision of the magistrate court "suspending the occupational license for 15 days effective immediately." Watkins is before this court seeking review of the district court's ruling.
CRIMINAL v. CIVIL CASE
Before addressing the assignments of error raised by Watkins, it is necessary to discuss whether this case should be treated as a civil or criminal matter. If the proceedings are civil, they can continue as an appeal, but, if they are criminal, they would have to proceed as an application for supervisory writs. We note that, from the outset, this case has been treated as a criminal matter by the lower courts. Watkins was charged by affidavit (misdemeanor summons) and was referred to in the court minutes as "the accused." Additionally, the minutes indicate Watkins was "arraigned" and pled "not guilty." There is also reference to the "verdict" and "conviction" in the court minutes. Furthermore, on appeal to the district court, that court stated Watkins was "found guilty" and a "sentence" was imposed.
Although both parties refer to this as a criminal matter and neither party has questioned whether this case is criminal or civil, we find this to be a civil proceeding. Although we could find no cases directly on point, we located several cases that provide guidance in assessing whether a proceeding is a criminal or civil matter.
In State v. Page, 332 So.2d 427 (La.1976), the supreme court was called upon to determine whether a license revocation proceeding under the Motor Vehicle Habitual Offender Law was civil or criminal . In addressing this issue, the supreme court stated:
Factors which militate in favor of the conclusion that the proceeding is civil are these:
1) The Act directs that the petition be filed, not in the parish where the offenses were committed, as would be the case in a criminal action (La.Const. art. I, § 16 (1974); C.Cr.P. art. 611) or a criminal enhancement proceeding [R.S. 15:529.1(D)], but in the parish of the defendant's residence.
2) An appeal taken from any final action or
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