Could Louisiana clerks of court receive the full 2003 annual salary increase even though Act 157 took effect in August?

Plain-English summary

The president of the Louisiana Clerks of Court Retirement and Relief Fund asked whether Act 157's salary increase for clerks of court applied to the entire 2003 calendar year, even though the act took effect in August. In Opinion 03-0305, the AG answered yes: the increase was framed as “annual compensation,” so it could be established from January 1 through December 31, 2003 without proration from the act's effective date.

The AG relied on earlier opinions about the same phrase, including one involving an earlier clerks-of-court salary act. The earlier opinion stated a general rule for salary acts without restrictive proration provisions. This opinion gave no dollar amount for any individual clerk.

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

Clerks of court

The AG said Act 157's increase could be calculated as full annual compensation for 2003 rather than only for the months after its effective date.

Payroll and retirement staff

The opinion applied earlier AG reasoning about increases stated as annual compensation to Act 157's August effective date.

Common questions

Q: Did the clerk salary increase begin only when Act 157 took effect? A: The AG said it could be established for the full 2003 calendar year, starting January 1, despite the later effective date.

Q: Did the increase have to be prorated for the rest of 2003? A: No. Applying earlier AG opinions on annual compensation, it said the increase could cover January through December 2003.

Q: What reasoning did the AG use?
A: It applied earlier opinions treating “annual compensation” as compensation for January through December when the salary act did not require proration.

Background and statutory framework

Act 157 amended LSA-R.S- 13:782(A)(1) on maximum annual compensation for district court clerks. The AG relied on earlier AG opinions about annual compensation and concluded the increase could cover the entire calendar year.

Citations and references

Statute cited: LSA-R.S- 13:782(A)(1). Legislation discussed: Act 157 of the 2003 Regular Legislative Session.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0305

Original opinion text

One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIL DIVISION
TEL.: (225) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. IEYOUB
70804-9005
ATTORNEY GFNERAL

August 14, 2003
Opinion Number 03-0305

10 - CLERKS OF COURT - Compensation & Fees;
Powers & Duties; General

Honorable Jon Gegenheimer, President
Act 157 of the 2003 Regular Legislative Session
Louisiana Clerks of Court Retirement
provides for "annual compensation" for Clerks of Court,
meaning the salary increases contemplated thereby
and Relief Fund
can be established to be effective from January 1,
11745 Bricksome Avenue, Suite B-1
2003 through the end of the 2003 calendar year and
Baton Rouge, Louisiana 70816
do not have to be prorated from the effective date of
the act.

Dear Mr. Gegenheimer:

Reference is made to your letter of August 5, 2003, wherein you requested an opinion of this office concerning the effective date of salary increases authorized for Clerks of Court in Act 157 of the 2003 Regular Legislative Session ("Act 157"). Act 157 amends LSA-R.S- 13:782(A)(1), regarding the maximum annual compensation authorized for the clerks of the various district courts, and becomes effective on August 15, 2003 in accordance with La. Const. Art. III, Sec. 19. Specifically, you inquire:

"Is the salary increase retroactive to January 1, 2003 indicating that "annual compensation" means January to December? Opinion 78- 889 and 92-595A, given to the Assessors regarding a similar act, would indicate that it does."

I would also direct your attention to Attorney General’s Opinion No. 82-2, concerning Act 716 of 1980, which also increased the "annual compensation" of the various Clerks of Court. Therein, we stated:

"This office has consistently held that where the salary increase is for "annual compensation", meaning from January 1 to December 31 of each calendar year, and there are no restrictive provisions requiring that such increases be prorated to the end of the year from the effective date of the statute, the increase should be given as full annual compensation. (See Opinion No. 76-1225 dated October 8, 1976 and Opinion No. 78-889 dated July 21, 1978) As such, the increased "annual compensation" provided by Act 716 of 1980 for clerks of court was effective for the entire calendar year of 1980. Therefore, the salary must be computed back to January 1, 1980."

Page 2

Ol~inion Number 03-0305
Honorable Jon Gegenheimer, President
Louisiana Clerks of Court Retirement
and Relief Fund
Page -2-

In accordance with the reasoning expressed in a consistent line of Attorney General’s opinions, including Attorney General’s Opinions Nos. 92-595A, 82-2 and 78-889, it is the opinion of this office that Act 157 provides for "annual compensation" for Clerks of Court, meaning the salary increases contemplated thereby can be established to be effective from January 1, 2003 through the end of the 2003 calendar year and do not have to be prorated from the effective date of the act. See also: Attorney General’s Opinion No. 76-1225 and opinions cited therein, as well as Opinions of the Attorney General 1944-46, p. 21.

We trust the foregoing to be of assistance. Should you have any questions regarding this matter, please do not hesitate to contact this office.

Yours very truly,

RICHARD P. IEYOUB
Attorney General

RPI/JMZB/dam