Who could appoint separate lawyers when Lafourche Parish's council and president disagreed?

Plain-English summary

Lafourche Parish's council clerk asked who had authority to arrange lawyers for the parish council and parish president. In Opinion 03-0175, the AG read the parish-specific rule in R.S. 16:2(E) as making the district attorney regular counsel for the governing authority. He concluded that the district attorney could appoint attorneys for the council and president when their positions conflicted.

The opinion acknowledged a general home-rule charter exception to a district attorney's regular-counsel role, then applied the statute's express Lafourche Parish provision. Its answer was tied to a conflict between the council and president; it did not describe a general power for either office to select separate counsel on its own.

Currency note

This opinion was issued in 2003. 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.

What the opinion meant at issuance

Council members and parish president

For a conflict between their positions, the opinion placed the authority to appoint their attorneys with the district attorney. It identified the district attorney as regular counsel for the parish governing authority under the Lafourche-specific provision.

District attorney's office

The opinion treated R.S. 16:2(E) as controlling the district attorney's regular-counsel role in Lafourche Parish despite the general home-rule exception described in R.S. 16:2(D).

Common questions

Q: Who was the regular lawyer for Lafourche Parish's governing authority?
A: The AG identified the district attorney, relying on the Lafourche-specific text in R.S. 16:2(E).

Q: Could separate lawyers be appointed for the council and parish president?
A: Yes, when their positions conflicted. The opinion said the district attorney could appoint attorneys for both offices in that circumstance.

Q: Did the home-rule charter exception change the answer?
A: The AG described that general exception but then applied the provision specifically naming Lafourche Parish. The opinion did not analyze any separate charter text.

Background and statutory framework

The AG cited R.S. 16:2(A) and R.S. 42:261(A) for the general district-attorney counsel rule and R.S. 16:2(D) for a home-rule charter exception. The decisive quoted text was R.S. 16:2(E): "In the parish of Lafourche, the district attorney shall ex officio and without extra compensation, general or special, be the regular attorney and counsel for the parish governing authority, the school board, and every state board or commission domiciled therein ..." The office then answered the conflict question in favor of district-attorney appointment.

Citations and references

Statutes cited: R.S. 16:2; R.S. 42:261.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0175

Original opinion text

o~lale oI~ ~oui~ia~a
DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
CIVIl. DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
FAX: (225) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

MAY ! 5 2003
OPINION NUMBER 03-0175

’ 22 DISTRICT ATTORNEYS
Mr. Joel F. Pierce
’ R.S. 16:2; R.S. 42:261
Council Clerk, Lafourche Parish Council
P. O. Drawer 5548
In accordance with statute, Lafourche Parish
District Attorney is the attomey for the Parish
Thibodaux, LA 70302
Council and President.

Dear Mr. Pierce:

On behalf of the Lafourche Parish Council, you requested the opinion of this office concerning the authority of the Lafourche Parish District Attorney to appoint attorneys for the Lafourche Parish Council, the governing authority of the Parish, or the Parish President.

The general law as provided in R.S. 16:2(A) and R.S. 42:261(A) is that the district attorney is the regular attorney and counsel for the police juries, parish and city school boards and the state boards and commissions located in the particular parish. An exception to the general rule is found in R.S. 16:2(D) which provides that where a parish has adopted a home rule charter and the charter provides for the employment of a parish attorney or a special attorney or counsel, the district attorney shall not be the regular attomey or counsel for such governing authority. However, R.S. 16:2(E) specifically provides, with regards to Lafourche Parish as follows:

"In the parish of Lafourche, the district attorney shall ex officio and without extra compensation, general or special, be the regular attorney and counsel for the parish governing authority, the school board, and every state board or commission domiciled therein ..."

Accordingly, it is the opinion of this office that the District Attorney of Lafourche Parish is authorized to appoint attorneys for the Council and the Parish President, when the positions of the Council and the Parish President are in conflict.

Yours very truly,

RICHARD P. IEYOUB
Attorn General

BY:

~t Attorney eneral
RPI/MSH