State of Louisiana Versus Rene Anthony Taylor

STATE OF LOUISIANA NO. 22-K-200

VERSUS FIFTH CIRCUIT

RENE ANTHONY TAYLOR COURT OF APPEAL

STATE OF LOUISIANA

May 24, 2022

Susan Buchholz
First Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT,
PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
VERCELL FIFFIE, DIVISION "A", NUMBER 22,123

Panel composed of Judges Fredericka Homberg Wicker,
Marc E. Johnson, and Hans J. Liljeberg

WRIT GRANTED

Relator, State of Louisiana, seeks review of the 40th Judicial District Court’s
April 11, 2022 ruling issuing an attachment in lieu of a bench warrant for
Defendant in Docket number 2022-CR-123, State v. Rene Anthony Taylor.

On January 19, 2022, a commercial surety bond in the amount of $21,000
was posted by Branden Collins Bail Bonds to insure Defendant’s appearance in
court on Monday, April 11, 2022 at 9:00 am. After the bailiff sounded the hall at
court that morning, the State requested a bench warrant in accordance with La.
C.Cr.P. art. 333 in this case, and also in connection with Docket number 2022-
MM-66801 “which the State intended to refer to the felony charges.” On the
Appearance Bail Bond form, included with the writ application, Deputy G.
Thomas witnessed the execution of the bail undertaking “[s]worn to and subscribed
before [him], an officer authorized take bail undertakings,” and signed the
appearance bail bond form above the preprinted phrase: “Ex Officio
Notary/Deputy Dpy G. Thomas”. The court asked the assistant district attorney
(“ADA”) appearing on behalf of the State if he knew whether the deputy who gave
Defendant notice was an ex-officio notary public in the state of Louisiana, and if
there was a particular statute that allowed the deputy to sign as an ex-officio notary
public. The ADA did not know the answer to either of the court’s questions. The
court then issued an attachment for Defendant “[b]eing that it is not clear whether
or not an officer is allowed to sign as an Ex-Officio Notary Public and that the
document does not have any information regarding the notary's number or their
expiration date, nor does it have any information regarding [the deputy], including
his badge number[.]”

The State argues in its writ application that the requirements of La. C.Cr.P.
art. 333 were met and whether the deputy listed as the Ex-Officio Notary on the
bond sheet was registered with the Louisiana Secretary of State is inconsequential
to the question of whether or not Defendant had proper notice of his court date.
We agree. La. C.Cr.P. art. 328 provides:

A. The bail undertaking shall:
(1) Be in writing.
(2) State the court before which the defendant is bound to appear.
(3) Be entered into before an officer who is authorized to take it.
(4) State a single amount of bail for each charge.

B. The bail undertaking shall be enforceable if the above requirements
are met; and no officer may refuse to accept the posting of a bail
undertaking and releasing a defendant on bail if the conditions set by
this Title are met. A person shall not be discharged from his bail
undertaking, nor shall a judgment of forfeiture be stayed, set aside,
or reversed, nor the collection of any such judgment be barred or
defeated by reason of any defect of form, omission of a recital, or of
a condition of the undertaking, by reason of a failure to note or
record the default of any defendant or surety, or because of any
other irregularity. The bail undertaking shall run, subject to the
provisions of Article 626, in favor of the state of Louisiana, or the city
or parish whose ordinance is charged to have been violated, with the
proceeds to be disposed of according to law. No error, inaccuracy, or
omission in naming the obligee on the bail undertaking is a defense to
an action thereon. (Emphasis added).

Further, La. R.S. 13:55641 authorizes the sheriff, notwithstanding any
provisions of the law relative to qualifications of notaries public, to designate one
deputy per shift for each office location and appoint them as ex officio notaries
public. The appointed deputy can serve as an ex officio notary public until the
sheriff chooses to suspend or terminate their appointment, or until the appointment
is automatically terminated by severance. “The deputy so appointed may exercise,
in the parish which the sheriff serves, the functions of a notary public only to
administer oaths and execute affidavits, acknowledgments, and other documents,
all limited to matters within the official functions of the office of sheriff, for the
enforcement of any statute which provides for criminal penalties, any parish

1
La. R.S. 13:5564:
A. Notwithstanding any provisions of the law relative to qualifications for notaries public, each sheriff may
designate one deputy per shift for each office location and appoint them as ex officio notaries public.
B. (1) The deputy so appointed may exercise, in the parish which the sheriff serves, the functions of a notary public
only to administer oaths and execute affidavits, acknowledgments, and other documents, all limited to matters
within the official functions of the office of sheriff, for the enforcement of any statute which provides for criminal
penalties, any parish ordinance which the sheriff is charged with enforcing, and any affidavit required for the
enforcement of R.S. 32:661 through 669, and to execute property bonds. For each such action the notary shall use
the official seal of that respective sheriff's office.
(2) He shall fulfill the same bond requirements as provided by law for notaries in the parish which the sheriff serves.
(3) The sheriff shall pay as an expense of his office the costs of the notarial seal, the notarial bond, and any fees
required for filing the bond.
C. All acts performed by such an ex officio notary public authorized by this Section shall be performed without
charge or other compensation.
D. The sheriff may suspend or terminate an appointment made pursuant to this Section at any time, and separation
from the employ of the sheriff shall automatically terminate the powers of such an ex officio notary public.

ordinance which the sheriff is charged with enforcing, and any affidavit required
for the enforcement of R.S. 32:661 through 669, and to execute property bonds.
For each such action the notary shall use the official seal of that respective sheriff's
office.” La. R.S. 13:5564.

Finally, La. C.Cr.P. art 333 provides:

If at the time fixed for appearance the defendant, who was properly
noticed, fails to appear as required by the court, the court shall, on its
own motion or on motion of the prosecuting attorney, immediately
issue a warrant for the arrest of the defendant. (Emphasis added)

In State v. Wafer, 27,433 (La. App. 2 Cir. 9/27/95); 661 So.2d 569, 571, the
appellate court refused to set aside a bond forfeiture judgment at the request of the
bond company, who challenged the validity of an appearance bond on the basis
that a deputy signed the affidavit that declared that the sheriff witnessed the bond
undertaking. The Second Circuit found:

[T]he legal requirement that the bail undertaking must be entered into
before an authorized officer is provision enacted in the interest of and
for the protection of the State of Louisiana. Article [328]2 of the Code
of Criminal Procedure does not require that an officer actually sign
the bond undertaking; however, by having the bond contract executed
before an officer of the state, there will be a witness who can, if
necessary, testify in future proceedings concerning the execution
of the bail undertaking.
[* * *]

Reason dictates that a deputy sheriff, rather than the sheriff, would be
the party before whom most bail undertakings are executed. It would
be illogical that a deputy, before whom a bond is executed and who in
fact signed the bond as a witness, would not have the authority to
accept the bail obligation.

State v. Wafer, supra.

Upon review of the writ application and the applicable law, we find that
Deputy Thomas was authorized to witness the execution of the bond as an ex
officio notary public, and the defendant received proper notice by way of a validly
executed bail undertaking documented using St. John the Baptist Parish’s pre-

2
La. C.Cr.P. art. 328 (with the exception of the portions of subparagraph B that are not highlighted) was previously
enacted as La. C.Cr.P. art 327 (effective June 22, 1993 – August 15, 1999):

Art. 327. Requisites of the bail undertaking
A. The bail undertaking shall:
(1) Be in writing;
(2) State the court before which the defendant is bound to appear;
(3) Be entered into before an officer who is authorized to take it; and
(4) State the amount of the bail.
B. The bail undertaking shall be enforceable if the above requirements are met; and a person shall not be discharged
from his bail undertaking, nor shall a judgment of forfeiture be stayed, set aside or reversed, or the collection of any
such judgment be barred or defeated by reason of any defect of form, omission of a recital or of a condition of the
undertaking, by reason of a failure to note or record the default of any defendant or surety, or because of any other
irregularity."

printed Appearance Bail Bond form. If the deputy/ex officio notary public was
required to list his full name, badge number3 (in lieu of a notary number), or the
expiration date of his commission as an ex officio notary public, then the failure to
do so was an irregularity, or were irregularities, which did not relieve the defendant
of his undertaking to appear in court on the date noticed on the form, according to
La. C.Cr. P. art. 328.

While there may be instances where the trial court would prefer not to issue
a bench warrant, the judge is constrained by the plain language of La. C.Cr.P. art.
333 which mandates (by use of the word “shall”) the court to issue an arrest
warrant for the defendant who received proper notice of the time fixed for his
appearance, but failed to appear in court as required. We note that even the
precursor statute of article 333 in effect prior to 2017, La. C.Cr.P. art. 349.1,4
stated the court shall issue the arrest warrant upon the motion of the district
attorney, but left the option of issuing an arrest warrant sua sponte to the court’s
discretion. See State v. Pittman, 15-718 (La. App. 4 Cir. 8/26/15); 175 So.3d 1021,
1023–24 (reversing the trial court’s decision denying the State’s request for an
alias capias for a defendant arrested in 2008 for possession of marijuana, first
offense, that had not been arrested since). Because it was not permitted to exercise
its discretion, the trial court committed error when it failed to issue a bench warrant
as requested by the State.

Accordingly, the writ application is granted. The trial court is ordered to issue
a warrant for the arrest of Defendant, as requested by the State, within seven days of
the date this disposition is rendered.

Gretna, Louisiana, this 24th day of May, 2022.

MEJ
FHW
HJL

3
See La. R.S. 35:12(C): No person other than a regularly commissioned notary public shall use the title “Notary
Public.” Every person, other than a regularly commissioned notary, who is otherwise given notarial powers or
authorized as a notary ex officio, shall clearly indicate his actual position or title from which his authority to notarize
is derived, in addition to his notary identification number.
4
La. C.Cr.P. art. 349.1: If at the time fixed for appearance the defendant fails to appear as required by the court, the
judge may, or shall on motion of the prosecuting attorney, issue a warrant for the arrest of the defendant.

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON
FREDERICKA H. WICKER
INTERIM CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN S. BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

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I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 05/24/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

22-K-200
E-NOTIFIED
40th District Court (Clerk)
Honorable Vercell Fiffie (DISTRICT JUDGE)
Honorable Bridget A. Dinvaut (Relator)

MAILED
Rene Anthony Taylor (Respondent) Jason M. Galjour (Relator)
In Proper Person Assistant District Attorney
2200 Cartier Drive Fortieth Judicial District
LaPlace, LA 70068 Post Office Box 99
Edgard, LA 70049

I•• Complete items 1, 2, and 3.
Print your name and address on the reverse
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• Attach this card to the back of the mailpiece,
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I 1. Article Addressed to: D. Is item 1? Cl Yes
If YES, enter delivery address below; CJ No
Jason M. Galjour
Assistant District Attorney
Fortieth Judicial District
Post Office Box 99
Edgard, LA 70049
22-K-200 05-24-22

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