Could an Iberville Parish police juror also serve as a deputy sheriff?

Plain-English summary

The Iberville Parish Sheriff's Office asked whether a deputy sheriff could also serve as an elected police juror. The Attorney General said the two roles could not be held together.

The opinion relied on the part of R.S. 42:63(D) that specifically barred any member of a parish governing authority from holding office or employment with a sheriff, assessor, or clerk of court. It applied that language directly to the sheriff's office and police jury positions described in the request.

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

Could a deputy sheriff serve as an elected police juror in Iberville Parish?
The AG said no. It concluded that an elected police juror could not hold a position with the sheriff's office.

Did the rule apply only to full-time positions?
The opinion quoted a specific restriction on a parish governing authority member holding any office or employment with a sheriff, assessor, or clerk of court. It did not limit that quoted restriction to full-time work.

Which law did the AG apply?
It applied R.S. 42:63(D), part of Louisiana's dual officeholding law.

Background and statutory framework

The request concerned one person holding a deputy sheriff position and an elected police jury seat. The AG quoted R.S. 42:63(D)'s restrictions on simultaneous offices and employment, then relied on its specific clause for parish governing authority members and sheriff's offices.

Citations and references

• R.S. 42:63(D)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0430

Original opinion text

DEPARTMENT OF JUSTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY GENERAL
70804-9005
FAX: (504) 342-7335
NOV 2 1 2002
OPINION 02-0430

Chief Sylvester Lavigne
78 DUAL OFFICEHOLDING
Iberville Parish Sheriff’s Office R.S. 42:63(D)
P. O. Drawer 231
Elected police juror may not hold position with the sheriff’s office as
Plaquemine, LA 70764
deputy sheriff¯

Dear Chief Lavigne:

You have asked this office to determine whether or not a deputy sheriff may also serve as an elected police juror in Iberville Parish. We refer you to the provisions of R.S. 42:63(D) which state:

D. No person holdinq an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the .qovernment of this state or in the government of a political subdivision thereof. No such person shall hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any parish ,qovernin.q authority or school board hold any office or employment with any sheriff, assessor, or clerk of court. (Emphasis added).

The language of this statute clearly prohibits an elected official of the parish governing authority such as the police jury from holding any position with the sheriff’s office. If you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
KERRY L. K/LPATRICK ";
ASSISTANT ATTORNEY GENERAL
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