Did a Louisiana district court clerk have to close for Martin Luther King Jr. Day?

Plain-English summary

A Louisiana clerk of court asked whether his office had to close for Dr. Martin Luther King Jr.'s birthday. The Attorney General said the statute then required a district court clerk to close on the day the governor proclaimed as the legal holiday. He emphasized that a parish court was distinct from a district court.

Under the separate provision quoted for parish and city courts, those clerks could close for the holiday with approval from their courts' chief judges. The opinion's different answers depended on which kind of court the clerk served.

Currency note

This opinion was issued in 2001. 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

Was a district court clerk's holiday closing optional?
The AG said no. Under the statute he applied, the clerk had to close when the governor proclaimed the holiday.

Could a parish court clerk close for the same holiday?
Yes, with the chief judge's approval under the separate provision discussed in the opinion.

Did “parish court” mean the same thing as “district court” here?
No. The AG said the terms were not interchangeable and applied different closing rules to them.

Background and statutory framework

The opinion traced the district court requirement to a 1988 amendment of R.S. 1:55 and the separate parish and city court provision to 1993 amendments. It quoted R.S. 1:55E(1)(b) for district court clerks and R.S. 1:55E(1)(c) for parish and city court clerks.

Citations and references

• R.S. 1:55E(1)(b)
• R.S. 1:55E(1)(c)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0025

Original opinion text

February 8, 2001
OPINION 01-25

10 CLERKS
Honorable John J. Dahmer 51 HOLIDAYS
R.S. 1:55
Clerk of Court
The clerk of court for the district court must close his office in
Post Office Box 667
observance of Dr. Martin Luther King Jr.’s birthday.
Amite, LA 70422

Dear Mr. Dahmer:

This office is in receipt of your opinion request of recent date. In response to your question, note that Act 346 Section 1 of the 1988 Regular Legislative Session amended R.S. 1:55 governing legal holidays to require the clerks of the district courts to close their offices in observance of Dr. Martin Luther King, Jr.’s birthday. The Act added R.S. 1:55E(1)(b), providing:

In addition, each clerk of a district court shall close his office on the day upon which the governor has proclaimed Dr. Martin Luther King, Jr.’s birthday as a legal holiday pursuant to R.S. 1:55(B)(2), and, notwithstanding the provisions of Paragraph (2) of this Subsection, shall close his office on any day an emergency situation has been declared by the governor or the local governing authority and governmental entitles, including the courthouse, have been ordered to close.

Of further import are Acts 495, 534, and 698 of the 1993 Regular Legislative Session, enacting R.S. 1:55E(1)(c), the substance of which allows the clerk of a city court or parish court, with the approval of the chief judge of the court, to close his office in honor of Dr. Martin Luther King, Jr.’s birthday. The statute provides:

In addition, each clerk of a city court or parish court, with the approval of the chief judge of the court, may close his office on the day proclaimed by the governor or the local governing authority as a holiday in honor of Dr. Martin Luther King, Jr.’s birthday.

The terms “parish court” and “district court” as referenced in the two different sections of the statute cited above are not interchangeable. Parish courts are courts of limited jurisdiction. See LSA-C.C.P. Art. 4832 and LSA-C.C.P. Art. 4841. For purposes of application of R.S. 1:55, it is now statutorily mandated that the clerk of the district court close his office on Dr. Martin Luther King, Jr.’s

Page 2

Mr. John J. Dahmer
Opinion No. 01-25
Page 2

birthday, while the clerk of the parish court must first obtain the approval of the chief judge prior to closing.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 3

Mr. John J. Dahmer
Opinion No. 01-25
Page 2

SYLLABUS

#01-25

10 CLERKS

51 HOLIDAYS

R.S. 1:55

The clerk of court for the district court must close his office in observance of Dr. Martin Luther King Jr.’s birthday.

Honorable John J. Dahmer
Clerk of Court
Post Office Box 667
Amite, LA 70422

Date received:

Date released: February 8, 2001

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL