Could a Louisiana clerk of court buy land in the clerk's own name for office space?

Plain-English summary

A lawyer asked how to draft legislation so the Twenty-First Judicial District clerk could buy school board land in Amite for a clerk's office. The Attorney General said current R.S. 33:4713 did not authorize the clerk to buy land and hold title for that office. It assigned the parish responsibility for providing suitable court and clerk facilities.

The AG treated additional office space as a capital outlay to be furnished by the parish. To let the clerk acquire title instead, the legislature would need to amend § 33:4713 to create an exception. He directed the requester to a state representative for bill drafting.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the clerk buy the school board parcel for the office under the statute then in force?
The AG said no. The parish had the duty to provide and bear the expense of clerk office space.

Could the parcel be acquired in the parish's name?
The opinion distinguished parish provision of office space from the requested acquisition of title by the clerk; its objection was to the clerk's authority to buy and hold the parcel for that purpose.

What change did the AG say was needed for clerk-held title?
An amendment to R.S. 33:4713 creating an exception to the parish's office-provision duty.

Background and statutory framework

The proposed parcel belonged to the Tangipahoa Parish School Board. The AG read R.S. 33:4713 and earlier AG advice on clerk and district-attorney facilities to conclude the clerk lacked purchase authority for this capital project.

Citations and references

• R.S. 33:4713: parish duty to provide court and clerk facilities.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0114

Original opinion text

April 28, 2000
OPINION 00-114

Ms. Lisa M. Cooley
Cashe, Lewis, Moody & Coudrain
P.O. Drawer 1509
Hammond, LA 70404-1509

Dear Ms. Cooley:

This office is in receipt of your request for an opinion of the Attorney General in regard to purchase of land by the Clerk of Court for the Twenty-First Judicial District. You indicate the Clerk of Court, John Dahmer, is interested in purchasing some land owned by the Tangipahoa Parish School Board in Amite, and we have been informed that this is to be used for office space. You ask how to word this bill so it can be presented to the state legislature.

R.S. 33:4713 provides as follows:

Each parish shall provide and bear the expense of a suit-able building and requisite furniture for the sitting of the district and circuit courts and such offices, furniture and equipment as may be needed by the clerks and recorders of the parish for the proper conduct of their offices and shall provide other offices as may be needed by the sheriffs of these courts and by the tax collectors and assessors of the parish and shall provide the necessary heat and illumination therefor. (Emphasis added.)

Pursuant to this statute we do not find that the Clerk of Court has the authority to purchase land to be used by his office for office space. This office has concluded that procurement of additional office space is a capital outlay expense which the Parish Police Jury must provide and not one which the Clerk of Court may incur, Atty. Gen. Op. No. 85- 22.

Subsequently, in Atty. Gen. Op. No. 97-262 this office observed that pursuant to R.S. 33:4713 the police jury is mandated to furnish a building and furniture for the district and

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Ms. Lisa M. Cooley
OPINION 00-114
Page 2

circuit courts, along with furniture and equipment, and this statutory duty is limited by the standard of reasonableness.

With reliance upon R.S. 33:4713 a similar conclusion was reached with regard to the District Attorney wherein this office stated that he could not purchase a building for his office and place title in the name of the district attorney, Atty. Gen. Op. No. 87-326.

Accordingly, it would appear the only recourse to permit the Clerk of Court to acquire title to the property rather than it be acquired by and in the name of the Parish, would to be to have an exception made by an amendment to R.S. 33:4713 insofar as it mandates the parish to provide and bear the expense of offices for the clerks of the Parish.

As to the drafting of such a bill, you should contact your State Representative to have him have a bill prepared for his presentation to the legislature for such an amendment.

We hope this sufficiently answers your inquiry.

Sincerely yours,

RICHARD P. IEYOUB
Attorney General

By:_____
BARBARA B. RUTLEDGE
Assistant Attorney General

RPI/bbr

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Ms. Lisa M. Cooley
OPINION 00-114
Page 3

OPINION 00-114

61 - Laws
62-B Legislature - Acts & Bills
R.S. 33:4713

To permit the Clerk of Court
to acquire title to property
for his office rather than in
the name of the Parish, R.S.
33:4713 would have to be amended
granting such an exception.

Ms. Lisa M. Cooley
Cashe, Lewis, Moody & Coudrain
P.O. Drawer 1509
Hammond, LA 70404-1509

Date Received: March 16, 2000
Date Released: April 28,2000

BARBARA B. RUTLEDGE
Assistant Attorney General