Could a full-time district court reporter also serve on Baton Rouge's Metropolitan Council?

Plain-English summary

East Baton Rouge's parish attorney asked whether a court reporter for the Nineteenth Judicial District Court could keep her position if elected to the Metropolitan Council. In 2000, the attorney general's office said she could not hold both positions at once. The council seat was an elective office in a political subdivision; the court reporter appointment was a full-time appointive position.

The opinion applied LA R.S. 42:63 (D), which barred that combination. If elected and choosing to serve on the council, the reporter had to resign her court appointment before officially taking the council office. The full-time character of her reporter position was part of the stated facts and the office's analysis.

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.

Court reporters at the time

The opinion addressed a full-time reporter appointed to a district court position. For that fact pattern, holding the reporter appointment while serving in the elected council seat violated the dual officeholding rule.

Council candidates at the time

The opinion did not say the reporter had to resign merely to stand for election. It said that, if elected and choosing to sit on the council, she had to resign the appointment before officially taking office.

Parish attorneys and court administrators at the time

The office classified the council seat as elected local office and the reporter role as an appointive position under LA R.S. 13:961. It then applied the full-time appointive office restriction in LA R.S. 42:63 (D).

Common questions

Q: Could a full-time court reporter serve on Baton Rouge's Metropolitan Council?
A: No. The opinion said the full-time appointive reporter position and elected local council seat could not be held simultaneously.

Q: When did the opinion say the reporter had to resign?
A: If she won and chose to serve, she had to resign her court reporter appointment before officially taking the council office.

Q: Did the opinion decide the same question for a part-time reporter?
A: No. Its conclusion relied on the requester confirming that this court reporter worked full time.

Background and statutory framework

LA R.S. 42:63 (D), quoted in the opinion, prohibited an elected local official from also holding a full-time appointive office in state or local government. The opinion classified the Metropolitan Council seat as elective local office and the court reporter position as appointive under LA R.S. 13:961. On the reported full-time facts, the combination was prohibited.

Citations and references

• LA R.S. 42:63 (D) (dual officeholding restriction)
• LA R.S. 13:961 (court reporter appointment)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0379

Original opinion text

November 9, 2000
OPINION NUMBER 00-379

78 OFFICERS – Dual Office Holding
Michael E. Ponder
LA R.S. 42:61 et seq.
Parish Attorney
LA R.S. 42:63 (D)
Parish of East Baton Rouge
LA R.S. 13:961
222 St. Louis Street
A court reporter for the Nineteenth Judicial District Court
Post Office Box 1471
may not simultaneously hold the office of Metropolitan
Baton Rouge, Louisiana 70821
Council Member for the City of Baton Rouge/Parish of
East Baton Rouge.
Dear Mr. Ponder:

We are in receipt of your request for an Attorney General’s Opinion concerning a possible dual officeholding violation. Specifically, you ask if a court reporter for the Nineteenth Judicial District Court is elected to a seat on the Metropolitan Council for the City of Baton Rouge/Parish of East Baton Rouge, must that person resign her position as court reporter in order to serve on the Council.

The dual officeholding laws, LA R.S. 42:61 et seq., apply in general to a person holding two positions at the same time. LA R.S. 42:63 (D) states in pertinent part:

No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof.

The office of Metropolitan Council Member for the City of Baton Rouge/Parish of East Baton Rouge is classified as an elective office of a political subdivision. By virtue of LA R.S. 13:961, a court reporter for a district court is an appointive position. Per our conversation on October 4, 2000, you informed me that the individual this opinion addresses is in fact a full-time court reporter. Hence, in the event she is elected to the Metropolitan Council; she would simultaneously be holding an elective office in a political subdivision and a full-time appointive office in violation of LA R.S. 42:63 (D).

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Michael E. Ponder
Opinion No. 00-379
Page 2

Therefore, it is the opinion of this office that a court reporter for the Nineteenth Judicial District Court may not simultaneously hold the office of Metropolitan Council Member. If this individual is elected to and chooses to sit on the Metropolitan Council, she must first resign her appointment as court reporter before officially taking that office.

We hope this opinion addresses all of your concerns. If we can be of further assistance, please advise.

Very truly yours,

RICHARD P. IEYOUB
Attorney General

BY: ______
ANDREW D. BENTON
Assistant Attorney General

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Michael E. Ponder
Opinion No. 00-379
Page 3

OPINION NUMBER 00-379
Syllabus

78 OFFICERS – Dual Office Holding

LA R.S. 42:61 et seq.
LA R.S. 42:63 (D)
LA R.S. 13:961

A court reporter for the Nineteenth Judicial District Court may not simultaneously hold the office of Metropolitan Council Member for the City of Baton Rouge/Parish of East Baton Rouge.

Michael E. Ponder
Parish Attorney
Parish of East Baton Rouge
222 St. Louis Street
Post Office Box 1471
Baton Rouge, Louisiana 70821

Date Received:

Date Released: 11/9/00

Andrew D. Benton
Assistant Attorney General