Could Louisiana appeal courts buy uniform shirts for judges and staff from clerk-collected court funds?

Plain-English summary

A chief judge asked whether Louisiana courts of appeal could use fees collected by their clerks to buy uniform shirts for court personnel and judges. The Attorney General said yes. The statute allowed the balance after required bond premiums to pay for court and clerk operations, and the proposed shirts would display each court's seal and be worn during official duties under a court policy.

The AG considered the constitutional rule against donating public property or funds. He treated these work uniforms as an operational court expense rather than a gift to employees, consistent with an earlier opinion about court employee uniforms.

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

Could the clerk-collected fees pay for shirts for judges as well as staff?
The AG said the balance of the fees could fund uniform shirts for both court personnel and judges under the described official-use arrangement.

What features of the proposed shirts mattered?
The opinion described each shirt as bearing the court's seal, being worn for official duties, and being governed by a court policy.

Why did the AG address the public-funds donation rule?
The purchase used public money. The AG concluded the statute's operational-expense authority covered the proposed uniforms, so the spending was tied to court work.

Background and statutory framework

La. R.S. 13:352(C) directed the clerk to pay required fidelity-bond premiums and allowed the remaining fees to cover listed court needs and other operational expenses. The AG read that authority with Article 7, Section 14 of the Louisiana Constitution and applied it to the described uniform-shirt purchase.

Citations and references

• La. R.S. 13:352(C)
• Article 7, Section 14

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0164

Original opinion text

May 17, 2001
Opinion Number 01-164

15 COURTS
90-A-2 PUBLIC FUNDS – Loan, Pledge or Grants Honorable Ned E. Doucet, Jr.
Chief Judge
Art. 7, Section 14 of the Louisiana Constitution
of 1974
Court of Appeal, Third Circuit La. R.S. 13:352 (C) State of Louisiana
Post Office Box 16577
Public funds may be used to purchase uniform shirts
for court personnel pursuant to La. R.S. 13:352(C).
Lake Charles, Louisiana 70616

Dear Judge Doucet:

We received your request for an opinion on behalf of the Conference of Court of Appeal Chief Judges. You inquire if funds collected by each clerk of court, pursuant to La. R.S. 13:352(C), may be used to purchase uniform shirts for court personnel and judges. La. R.S. 13:352(C) provides as follows:

From the fees collected by each clerk, he shall pay the premiums on the fidelity bonds required under R.S. 13:351. The balance shall be retained and may be expended for the purchase of stationary, books, furniture, equipment, and other expenses in the operation of the court and the clerk’s office, as directed by the court.

Because your request questions the use of public funds, it must be addressed in light of Article 7, Section 14 of the Louisiana Constitution of 1974 which prohibits the state or any of its political subdivision from loaning, pledging, or donating funds, property or things of value to or for any person, association, or corporation. The Louisiana Supreme Court ruled that Article 7, Section 14 is violated whenever the state or one of its political subdivisions seeks to give up something of value when it is under no obligation to do so. City of Port Allen v. Louisiana Municipal Risk Agency, 439 So2d. 399 (La. 1983).

It is our understanding from the facts contained in your request that the uniform shirts will display the seal of each court of appeal and will be used by court personnel while they are engaged in their official duties. Each court will adopt a policy governing the wearing of the shirt. La. R.S. 13:352(C) grants broad authority to the court for its operational expenses. We previously opined that criminal court cost funds could be used to purchase uniforms for court employees because such was an operational expense of the court. See Attorney General

Page 2

Honorable Ned E. Doucet, Jr.
Opinion No. 01-164
Page 2

Opinion 83-772. Accordingly, it is our opinion that the balance of funds from fees collected by each clerk of court, pursuant to La. R.S. 13:352(C) may be used to purchase uniform shirts for court personnel and judges.

We trust this adequately responds to your request. If you have any questions, please contact our office.

With kindest regards,

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

Tina Vicari Grant
Assistant Attorney General

RPI:TVG:crt

Page 3

Honorable Ned E. Doucet, Jr.
Opinion No. 01-164
Page 3

SYLLABUS

OPINION NUMBER 01-164

15 COURTS
90-A-2 PUBLIC FUNDS – Loan, Pledge or Grants

Art. 7, Section 14 of the Louisiana Constitution of 1974 La. R.S. 13:352 (C)

Public funds may be used to purchase uniform shirts for court personnel pursuant to La. R.S. 13:352(C).

Honorable Ned E. Doucet, Jr.
Chief Judge
Court of Appeal, Third Circuit
State of Louisiana
Post Office Box 16577
Lake Charles, Louisiana 70616

DATE RECEIVED: 04/19/01

DATE RELEASED: May 17, 2001

AUTHOR: TINA VICARI GRANT
ASSISTANT ATORNEY GENERAL