Could a full-time Louisiana assistant district attorney also serve as a city prosecutor?

Plain-English summary

An assistant district attorney asked whether she could also work as a city prosecutor, either part time or full time. In 2000, the attorney general's office said a full-time assistant district attorney could take a part-time city prosecutor role but could not simultaneously hold two full-time government posts of those kinds.

The opinion applied the state's dual-officeholding and dual-employment restriction and quoted its definitions of full-time and part-time service. It did not decide any separate ethics or conflict question.

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.

Assistant district attorneys at the time

For the full-time assistant DA described in the request, the office allowed a part-time city prosecutor position. Its stated prohibition was against holding two full-time positions simultaneously.

City officials at the time

The answer turned on the normal or expected hours of the city prosecutor position, not simply its title.

Common questions

Q: Could a full-time assistant DA also prosecute for a city part time?
A: The opinion said yes under the dual-officeholding provisions it applied.

Q: Could both prosecutor jobs be full time?
A: No. The opinion quoted the ban on simultaneous full-time appointive offices or government employments.

Q: What counted as full time under the opinion?
A: It quoted a standard of at least seven hours per workday and thirty-five hours per workweek.

Background and statutory framework

The office applied R.S. 42:63(E)'s restriction on combining full-time government positions. It used R.S. 42:62A(4) and R.S. 42:62A(5) to classify full-time and part-time work in the dual-officeholding law.

Citations and references

• R.S. 42:63(E) (two full-time positions)
• R.S. 42:62A(4) (full-time definition)
• R.S. 42:62A(5) (part-time definition)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0479

Original opinion text

OPINION 00-479
December 19, 2000
Ms. Ruby Freeman
Assistant District Attorney
90-A Political Subdivisions – Officers, Agents & Employees
R.S. 42:63(E) R.S. 42:61-66, R.S. 42:62A(4), R.S. 42:62A(5)
P. O. Box 566
An individual may not simultaneously hold two full-time employments or
Alexandria, LA 71309
appointive offices.

Dear Ms. Freeman,

You ask this office to determine whether you may serve as a full-time appointed Assistant District Attorney and also serve as a part-time or full-time City Prosecutor.

Of relevance to this discussion is the following provision of the Louisiana Dual Officeholding and Dual Employment Law, specifically, R.S. 42:63(E):

No person holding a full-time appointive office or full-time employment in the government of this state or a political subdivision thereof shall at the same time hold another full-time appointive office or full-time employment in the government of the State of Louisiana, in the government of a political subdivision thereof, or in a combination of these.

For purposes of the dual officeholding provisions of R.S. 42:61-66, “full-time” is defined as “the period of time which a person normally works or is expected to work in a appointive office or employment and which is at least seven hours per day of work and at least thirty-five hours per week of work.” R.S. 42:62A(4). Further, “part-time means the period of time which a person normally works or is expected to work in an appointive office or employment which is less than the number of hours of work defined in this Section as full-time”. R.S. 42:62A(5).

Thus, a full-time assistant district attorney may hold a part-time position as city prosecutor, but may not hold two full-time positions simultaneously.

Should you have any further questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 2

#00-479

90-A Political Subdivisions – Officers, Agents & Employees

R.S. 42:63(E) R.S. 42:61-66, R.S. 42:62A(4), R.S. 42:62A(5)

An individual may not simultaneously hold two full-time employments or appointive offices.

Ms. Ruby Freeman
Assistant District Attorney
P. O. Box 566
Alexandria, LA 71309

Date Released: December 19, 2000
Date Received:

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL