Could the New Orleans First City Court clerk use an expense allowance for office costs?

Plain-English summary

The First City Court clerk asked what expenses her statutory allowance covered. The AG said La. R. S. 13:2153 did not list particular expense types or require a specific description of each expense on the clerk's warrant. Applying prior opinions, it concluded that the office expenses described in the request could be paid so long as the total stayed within 10 percent of the clerk's annual salary.

The source text does not enumerate the request's particular office purchases, so the opinion supports only its stated office expense category and cap.

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 allowance pay office expenses?
The AG said yes for the office expenses described, within the 10 percent limit.

Did the statute list approved purchases?
No. The opinion said it was silent on specific expense types.

Did the clerk have to provide detailed expense descriptions on the warrant?
The AG said the cited statute did not impose that specific detail requirement.

Background and statutory framework

La. R. S. 13:2153 gave the First City Court clerk an expense allowance, payable from the judicial expense fund on the clerk's warrant, of no more than 10 percent of annual salary. The opinion followed earlier AG interpretations for office expenses.

Citations and references

• La. R. S. 13:2153: clerk expense allowance and cap.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0176

Original opinion text

June 13, 2000
OPINION NUMBER 00-176

Ms. Ellen Hazeur
Clerk, First City Court
421 Loyola Avenue, Room 201
New Orleans, LA 70112

Dear Ms. Hazeur:

We received your request for an opinion regarding the expense fund of the clerk of the First City Court of New Orleans. La. R. S. 13:2153 provides as follows:

In addition to his salary, the clerk of the First City Court of the City of New Orleans shall receive a sum not to exceed 10% of his annual salary as an expense allowance. This allowance shall be made payable out of the judicial expense fund upon the warrant of the clerk of the First City Court of the City of New Orleans.

You specifically ask what type of expenses are allowed pursuant to this statute. The statute is silent as to what type of expenses are acceptable and only dictates that the expenses be paid upon the warrant of the clerk. It does not require that the clerk demonstrate the nature of the expense in any specific detail. Op. Atty. Gen. No. 90-584. We previously opined that the clerk’s expense fund could be used for office expenses provided that the cost of such does not exceed 10% of the clerk’s salary. Op. Atty. Gen. Nos. 89-213 and 90-584.

Thus, it is our opinion that the clerk’s expense fund may be used for the type of office expenses outlined in your request as long as they do not exceed 10% of the clerk’s salary.

We trust that this adequately responds to your request. If you need further information or have any questions or comments, please feel free to contact our office. With kindest regards, Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
TINA VICARI GRANT
Assistant Attorney General

RPI:TVG:jv
OPINION NUMBER 00-176

Page 2

10 CLERKS OF COURT - COMPENSATION &
FEES; POWER AND DUTIES, GENERAL

La. R. S. 13:2153

The clerk’s expense fund may be used for office related expenses as long as the expenses do not exceed 10% of the clerk’s salary.

Ms. Ellen Hazeur
Clerk, First City Court
421 Loyola Avenue, Room 201
New Orleans, LA 70112

DATE RECEIVED: 4/26/00
DATE RELEASED: June 13,2000

TINA VICARI GRANT, ASSISTANT ATTORNEY
GENERAL