Could Kenner provide rent-free space in a municipal building for a justice of the peace court?

Plain-English summary

Kenner's Sixth Justice of the Peace Court asked whether it could occupy space in a city services building and whether the city had to charge rent. In 2000, the attorney general's office said a cooperative endeavor could provide a valid basis for the city to furnish space without a rental fee if the city and court reached an agreement.

The office noted that the building was within the court's district and that the justice court had handled city-related warrants. It treated the court's work as furthering the municipality's public welfare duties. The opinion acknowledged the constitutional restriction on donating public assets and said a public purpose alone was insufficient; its answer rested on the municipal obligation and the cooperative arrangement it described.

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.

Kenner officials at the time

The office said Kenner could agree to provide space in its municipal building to the Sixth Justice Court without charging rent. Its reasoning included the court's city-related activity and the public welfare function it served.

Justices of the peace at the time

The opinion treated the justice court as a separate political subdivision. It noted that the court had to be held within the district from which the justice was elected, and the proposed building met that condition.

City attorneys at the time

The opinion did not rest on public purpose alone. It described a cooperative endeavor and the city's obligation to advance public health, safety, morals, and general welfare as the basis for the no-rent arrangement.

Common questions

Q: Could a justice of the peace court sit in a municipal building?
A: The opinion said yes for the proposed Kenner location, which lay within the justice court's district.

Q: Did Kenner have to charge the court rent?
A: The office said no, if the city and court reached the cooperative agreement it described.

Q: Was a public purpose by itself enough to give away municipal space?
A: The opinion said a public purpose alone was not enough; it linked the arrangement to the city's public welfare obligation and the court's activities.

Background and statutory framework

The requester described the court's proposed space, its district boundaries, and its warrant work related to the city. The office cited R.S. 42:62(9) on separate political subdivisions and discussed Art. VII, Sec. 14 of the Louisiana Constitution on public assets and cooperative endeavors. It concluded that the specific city-court arrangement could proceed without rent.

Citations and references

• R.S. 42:62(9) (separate political subdivision status discussed by the office)
• R.S. 13:2591 (justice and constable expense authority discussed in the opinion)
• Art. VII, Sec. 14 (public asset and cooperative endeavor rules)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0408

Original opinion text

November 9, 2000
OPINION 00-408

Hon. Kevin J. Centanni
6th Justice of the Peace Court
1942 Williams Blvd. Suite I
Kenner, LA 70062

Dear Judge Centanni:

This office is in receipt of your request for an opinion of the Attorney General in regard to acquiring office space for your court in a municipal building of the City of Kenner. You indicate your district includes approximately 80% of Kenner and the building lies within your district. The 6th Justice Court includes your courtroom, the Clerk of Court's office, and Constable's office, and you ask if there is any prohibition for the 6th Justice Court being located in a municipal services building. You further ask if the City is required to assess a cost for the office space for the 6th Justice Court.

We first note that this office has observed in accordance with R.S. 42:62(9) that a Justice of the Peace Court and all other parochial officials shall be separate political subdivisions. Additionally, this office had stated that it had annually sent letters to police jurors throughout the state to make them aware of the fact that they possessed the authority to provide for the expenses for justices of the peace and constables to attend the annual Justice of the Peace Training Course, Atty. Gen. Op. No 85-840. We feel this must have been justified on a basis of a cooperative endeavor. although it should be noted by Act 706 of 1986 amending R.S. 13:2591 such payment by the police jury became statutorily approved.

As you relate in your inquiry, you have executed several hundred arrest warrants for the City of Kenner Police Department under both state and city municipal charges, and the building in question lies in your district which is a requirement that your court must be held in the district from which you are elected, Atty, Gen. Op. No. 98-35. Because of the activities of your office in relationship to the operation of the municipality, we believe pursuant to a cooperative endeavor, a municipality may furnish space in a municipal building for the needs of a Justice of the Peace Court.

Moreover, we find an agreement by the municipality with your Court to permit your occupancy in a municipal building without cost would be valid. While Art. VII, Sec. 14 of

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Hon. Kevin J. Centanni
OPINION 00-408
Page 2

the Louisiana Constitution prohibits things of value of any political subdivision being loaned, pledged, or donated to any person or association, public or private, the political subdivision "may engage in cooperative endeavors with each other" for a public purpose. However, it is well recognized that the donation cannot be merely for a public purpose, but there must be a legal obligation or duty in regard to the transfer. The municipality has an obligation to act for the benefit of public health, safety, morals and general welfare of the municipality, and the function of the Justice of the Peace Court furthers this concept by the operation of the court.

Accordingly, we would conclude there would be a valid basis for a cooperative endeavor for the municipality to furnish the 6th Justice of the Peace Court with office space in the municipal building without assessing a rental fee if it should reach such an agreement.

We hope this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.

Sincerely yours,

RICHARD P. IEYOUB
Attorney General

By:________
BARBARA B. RUTLEDGE
Assistant Attorney General

RPI/bbr

Page 3

Hon. Kevin J. Centanni
OPINION 00-408
Page 3

OPINION 00-408

90-A-2 Public Funds
R.S. 13:2591
Art. VII, Sec 14

There is a valid basis for a
cooperative endeavor for the
municipality to furnish the 6th
Justice of the Peace Court with
office space in the municipal
building without assessing a rental
fee if it should reach such an
agreement

Hon. Kevin J. Centanni
6th Justice of the Peace Court
1942 Williams Plvd., Suite 1
Kenner, LA 70062

Date Received:
Date Released: November 9, 2000

BARBARA B. RUTLEDGE
Assistant Attorney General