Did a Louisiana city prosecutor have to take leave while running for judge?
Apply this to your situation
This page answers the general question as of 2000. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
A Monroe assistant city prosecutor asked whether she had to take a leave of absence while campaigning for judicial office. The attorney general's office answered in 2000 that no law prohibited her from continuing as a prosecutor during the candidacy. It noted that she was not covered by Civil Service and said the mayor, as her employer, determined whether she could remain in her position.
The office found no advisory ethics opinion that barred the candidacy. It directed her to the Louisiana Supreme Court's Judicial Administrator for an interpretation of the Code of Judicial Conduct specific to her situation.
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.
City prosecutors at the time
The opinion did not identify a law requiring leave merely because a prosecutor was a judicial candidate. For the requester, who was outside Civil Service, it placed the employment decision with the mayor.
Municipal employers at the time
The office distinguished the absence of a legal prohibition on the candidacy from the employer's authority over whether the prosecutor remained in that position.
Common questions
Q: Did a city prosecutor have to quit or take leave to run for judge under this opinion?
A: The opinion found no law requiring that. It said the prosecutor's continued employment was for her employing authority to decide.
Q: Did the AG's office decide whether this candidacy complied with the judicial conduct code?
A: It found no advisory ethics opinion that prohibited the candidacy, but referred a situation-specific interpretation of the code to the Louisiana Supreme Court's Judicial Administrator.
Background and statutory framework
The requester was an assistant city prosecutor in Monroe and had supplied an index of the Supreme Court Committee on Judicial Ethics' advisory opinions. The attorney general's office reviewed those opinions and addressed the leave question. It cited no statute or court case in the opinion's analysis.
Citations and references
- Louisiana Code of Judicial Conduct (a situation-specific interpretation was referred to the Judicial Administrator)
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0330
Original opinion text
October 13, 2000
OPINION NO. 00-330
Ms. Tammy D. Lee
Assistant City Prosecutor
City of Monroe, Louisiana
Legal Department
Criminal Division
P. O. Box 123
Monroe, Louisiana 71210-0123
Dear Ms. Lee:
Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask if a prosecutor must take a leave of absence from his/her employment while seeking election as a judicial candidate. You also enclosed an index of advisory ethics opinions from the Supreme Court’s Committee on Judicial Ethics.
With regard to your question, there is no law which prohibits your continuing as a prosecutor during the time you are a judicial candidate. Since you are not covered by Civil Service, whether or not you are allowed to remain in a certain position is determined by your employing authority, which in your situation is the Mayor of Monroe.
Also, a review of the advisory ethics opinions revealed no opinions that proscribe your candidacy. If you desire an interpretation of the Louisiana Code of Judicial Conduct which is specific to your situation you should contact the Judicial Administrator of the Louisiana Supreme Court.
Ms. Tammy D. Lee
Page 2
OPINION NO. 00-330
Page - 2 -
I trust this adequately answers your questions. However, if you should need anything further, do not hesitate to contact this office.
Very truly yours,
RICHARD P. IEYOUB
ATTORNEY GENERAL
BY:_______
FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL
RPI/FJP/sc
a:\op-330.op
OPINION NO. 00-330
Page 3
36 - ELECTIONS - Campaign Practices
There is no law which prohibits a judicial candidate from continuing employment as a prosecutor.
Ms. Tammy D. Lee
Assistant City Prosecutor
City of Monroe, Louisiana
Legal Department
Criminal Division
P. O. Box 123
Monroe, Louisiana 71210-0123
DATE RECEIVED: 08/17/00BR
DATE RECEIVED: 087/21/00SH
DATE RELEASED: 10/13/00
FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL
What does Louisiana law say today, for your facts?
This opinion is from 2000. Ezel checks the current Louisiana statutes and case law, applies them to your situation, and cites what it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace