Did Hessmer's mayor have to resign to run for district judge?

Plain-English summary

Hessmer Mayor Mark Jeansonne, who also described himself as the village magistrate, asked whether he had to resign in order to run for district judge in Avoyelles Parish. The Attorney General said no resignation was necessary merely to seek that judicial office.

The opinion relied on an earlier AG opinion stating that an elected municipal official did not have to resign to become a candidate for another elective office. It quoted an exception addressing judges who seek a different office, but the request came from a sitting mayor and magistrate seeking a judgeship. The answer addressed candidacy and resignation; it did not decide what positions the mayor could hold after an election.

Currency note

This opinion was issued in 2002. 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

Did Mayor Jeansonne have to resign to file as a district judge candidate?
The AG said he did not need to resign in order to seek election.

Did his village magistrate role change the answer?
The request identified him as both mayor and magistrate, and the opinion still found no need for resignation to run. It quoted the provision governing Hessmer's magistrate role.

Did this opinion decide whether he could hold both positions after an election?
No. The question and answer concerned resigning to seek election, rather than holding offices after a victory.

Background and statutory framework

The opinion quoted R.S. 33:441.23 on the village magistrate's appointment and work in the mayor's court. It also quoted Attorney General Opinion 87-24 on an elected municipal official becoming a candidate for another office, including that opinion's reference to Louisiana Constitution Article V, Section 22. The source uses the three-digit heading 02-167; the official download URL uses the padded number 02-0167.

Citations and references

• R.S. 33:441.23 (Hessmer magistrate provision)
• Attorney General Opinion 87-24 (resignation to seek another office)
• Louisiana Constitution, Article V, Section 22 (judicial candidacy provision quoted in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0167

Original opinion text

~t~t~ o~ ~o~isi~n~
DEPARTMENT OF JUSTICE
CIVIL DIVISION
P.O. Box 94005
TEL.: (504) 342-7013
BATON ROUGE
FAX: (504) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

J u L 0.1. 2002
OPINION 02-167

27 - Elections- Candidate, Nondnation~
& Eligibilty to tun
77 ~ OfFmers - Local & Municipal
Mr. Mark A. Jeansonne llitayor who is abo Magistrate for
Mayor, Village of Hessmer
the V-d~zge does not need to
P.O. Box 125
re=ign hi~ dr’k;e in order to seek
Hessmer, LA 71341-0125
ek~clion as a Dislrkd Judge for
the Parish.

Dear Mayor Jeansonne:

This office is in receipt of your request for an opinion of the Attorney General in regard to dual officeholding. You indicate you are the Magistrate of the Village of Hessmer and also the Mayor. in this regard you ask, =Can I run for District Judge for the parish of Avoyelles, or do I have to resign my position?"

R.S. 33:441.23 provides as follows:

The board of aldermen of the village of Hessmer shall, upon the request of the Mayor, appoint an attorney who shall be designated as court magistrate and who shall serve at the pleasure of the mayor and may from time to time be designated by the mayor to serve in his stead as the presiding official over the mayor’s court. VVhenever the magistrate is so designated by the mayor to preside over the mayor’s court he shall exercise the powers and authority of the mayor over said court. The magistrate shall receive a salary fixed and paid by the board of aldermen.

In Atty. Gen. Op. 87-24 this office rendered a succinct opinion in response to the question whether a municipal alderman may run for the office of police without resigning his municipal office, and stated as follows:

There is nothing in the election law or laws dealing with municipal or parish government that would require an elected official to resign his position in order to become a candidate for any other elective office. Of all elected ofT~,rs, only judges must resign from office in order toseek another office, except another judicial office. (Louisiana Constitution, Article V, Section 22)

Page 2

Mayor Mark A. Jeansonne
OPINION 02-167
Page 2

Therefore, we find no necessity for a resignation on your part to seek election as a District
Judge for the parish of Avoyelles.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BARBARA B. RUTLEDGE
ASSISTANT ATTORYNEY GENERAL

RPI/bbr