Art. 291 Authority to conduct preliminary examinations

This rule explains which judges can hold preliminary hearings for people charged with felonies. A preliminary hearing is an early court session where a judge decides if there's enough evidence to keep a case moving forward. The judge holding this hearing also has the power to set bail or dismiss the charges if the evidence is too weak.

District court judges can handle these hearings for any felony case, no matter how serious. City or parish court judges can handle these hearings too, but only for cases that aren't punishable by death. Justices of the peace have the most limited authority. They can only hold these hearings for less serious felony cases, meaning cases that don't involve the death penalty and don't require hard labor as punishment.

In short, the more serious the potential punishment, the more authority a judge needs to handle the case. This makes sure that serious charges, especially those that could lead to execution, go before judges with full criminal jurisdiction rather than lower-level courts.