Does an elected Louisiana justice of the peace receive additional pay when temporarily assigned to a vacant ward?

Plain-English summary

A West Carroll Parish justice of the peace for Ward 3 was temporarily assigned by the Louisiana Supreme Court to a Ward 4 vacancy. He asked whether the second assignment carried pay in addition to his regular salary. In Opinion 03-0356, the AG answered yes: an appointed justice of the peace was entitled to at least the compensation and state supplemental pay of the court to which assigned, in addition to salary from the existing position.

The quoted state supplement was available only if funds were available and appropriated. The PDF encloses older Opinion 82-713, which the AG cited for the same compensation principle. That older opinion addressed two justices sharing an assignment, while this request concerned one sitting justice assigned to a different ward.

Currency note

The full issue date is not legible in the available official extract. 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

Assigned justice of the peace

The Supreme Court's order assigned the Ward 3 justice to Ward 4 until the vacancy was filled or December 31, 2003, whichever came first. The AG treated the temporary assignment as additional work carrying the assigned court's compensation and supplemental pay.

Parish and state pay administrators

La. R.S. 13:2589 placed justice salaries with the parish. La. R.S. 13:2591 provided a state salary supplement capped at one hundred dollars per month, provided funds were available and appropriated. The AG also cited La. R.S. 11:1357 on compensation for assigned judges or attorneys.

Common questions

Does the temporary assignment replace the justice's regular pay?

No. The AG said the assigned court's compensation and supplemental pay were in addition to the person's current salary.

Did the Supreme Court need to make the assignment?

In this case it did. The opinion relied on the Court's order assigning the justice to the vacant ward under its constitutional assignment power.

Did the old attached opinion set this justice's exact dollar amount?

No. Opinion 82-713 dealt with two justices sharing an earlier assignment. Opinion 03-0356 stated the general entitlement for the requesting justice without calculating a dollar figure.

Background and statutory framework

The AG quoted La. R.S. 13:2589 for parish-set salaries, La. R.S. 13:2591 for state supplemental salary, and La. R.S. 11:1357 for assigned-judge compensation. It used attached Opinion 82-713 to support applying the compensation rule to assigned justices of the peace.

Citations and references

• La. R.S. 13:2589: parish justice salary.
• La. R.S. 13:2591: state supplemental salary.
• La. R.S. 11:1357: compensation on Supreme Court assignment.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0356

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 GENERAL

OPINION NUMBER 03-0356

57 JUSTICES OF THE PEACE

La. Constitution of 1974, Art. 5, § 5(A)

La. R.S. 13:2589; La. R.S. 13:2591; La. R.S. 11:1357 Honorable Vendal Fairchild
Justice of the Peace, Ward 3
La. Atty. Gen. Op. No. 82-713

West Carroll Parish
Appointed justices of the peace are entitled to at least the same
4325 Hwy. 582
compensation and supplemental pay as the justice of the peace court to
which they are assigned. This is in addition to the salary the person is
Oak Grove, LA 71263
receiving for their current position.

Dear Honorable Vendal Fairchild:

You have requested this office to issue an advisory opinion regarding whether an elected justice of the peace, who was appointed by the Supreme Court as a temporary replacement for a vacant ward in a parish, shall receive salary for the work in the vacant ward in addition to their regular salary.

By order of the Louisiana Supreme Court, you were appointed as a Justice of the Peace pro tempore for the Parish of West Carroll, Ward 4, through December 31, 2003 or until the vacancy is filled, whichever occurs sooner. This temporary appointment is in addition to your elected tenure as Justice of the Peace for Ward 3 in the same parish.
This order was issued pursuant to Article 5, § 5(A) of the Louisiana Constitution of 1974 which gives the Supreme Court the power to assign judges. Justices of the Peace are considered judges and are under the authority of the Louisiana Supreme Court.

Justices of the Peace "shall receive salaries as are fixed by the parish governing authority and paid by the parish." La. R.S. 13:2589. Also, every justice of the peace shall be paid by the state "an additional salary equal to the amount paid justices of the peace.., by their respective parishes, in no event to exceed one hundred dollars per month, provided funds are available and appropriated by the legislature." La. R.S.
13:2591.

La. R.S. 11:1357 states the following:

When the supreme court assigns a sitting or retired judge or an attorney to a court, such judge or attorney shall be entitled to receive compensation, including his regular salary or retirement pay, not less than that of the judges of the court to which he is assigned, and he shall be entitled to the payment of reasonable expenses during the period of such service.

Page 2

OPINION NUMBER 03-0356
Honorable Vendal Fairchild
Page - 2 -

A previous opinion of this office reached the same conclusion regarding La. R.S. 13:30(G), which through later revision of the law was moved and renamed as La. R.S. 11:1357. The opinion stated that appointed justices of the peace are entitled to the same compensation and other expenses as the justice of the peace whose court they are assigned. It also concluded that appointed justices of the peace are entitled to supplemental state pay. See La. Atty. Gen. Op. No. 82-713. I have enclosed a copy of the opinion for your convenience.

Therefore, our office is still under the opinion that appointed justices of the peace are entitled to at least the same compensation and supplemental pay as the justice of the peace court to which they are assigned. This is in addition to the salary the person is receiving for their current position.

I believe the above opinion has answered you question. Should you have any further questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

By:
CHARLES H. BRAUD JR.
Assistant Attorney General

Page 3

7oeo4

October 21, 1982

57... ,.Tust:Lce of the Peace.
Honorable John F. Barbara, Jr.
Post Office Box 236
to at least the samo compensation and
St. Rose, Louisiana 70087
supplemental pay as the ~ust~co of tho peaco
Court to whlch they are assigned..
LSA-Const. Art. 5, Sec. 5(A) an~
Honorable Alvin A. Millet
R.S. 13~30(G).
136 Marino Drive
Norco, Louisiana 70079
Gentlemen
You have requested an opinion relative to the salary and other compensation due justices of the peace who are tem- porarily assigned the duties of another justice of the peace. Pursuant to a Louisiana Supreme Order dated June 29, 1982, yo~ wer~ appointed Justices of the Peace pro tempore of the Third D~strict, Parish of St. Charles, du~ing’~he period July i, 1982 through December 31, 1982o .Speclflcally, you ask whether or not the salary of the absent justice of the peace is to be distributed between the two of you as well as the sup- plemental pay which is disbursed by the State Police computer° Pertinent to your inquiry is Revised Statute 13=30(G), which provides as follows~
When the supreme court assigns a sitting or retired judge or an attorney to court, such judge or attorney shall be entitled to receive compensation, including his regular salary or retirement pay, not less than that of the Judges of the court to which he is assigned, and he shall be entitled to the payment of reasonable expenses during the period of such service°

Such additional compensation and expenses shall be paid from time to time as incurred, on the judge’s or attorneyts own warrant, accme- panied by his certificate giving a detailed state- ment of expenses°

Page 4

Honorable John Fo Barbara, Jr.
Honorable Alvin Ao Millet
Opinion Number 82-713
October 21, 1982
Page Two

Pursuant to the foregoing, a judge assigned to a court by the supreme court is entitled to receive compensation not less than that of the judge of the court to which he is assigned, as well as any additional compensation.
The Supreme Court Order of June 29, 1982, was issued pursuant to LSA - Const. Art. 5, Sec. 5(A) of 1974 entitled "Supreme Court~ Jurisdiction; Rulemaking~ Assignment of Judges." Thus, since justices of the peace are considered as judges, assigned justices of the peace are entitled to the compensation and other expenses as the justice of the peace whose court they are assigned.
Thus, it is our opinion that Justices of the Peace Barbara and Millet are each entitled to one half of the compen- sation and supplemental pay of the justice of the peace whose court they were assigned.
It is hoped that we have adequately answered your questions. If we may be of further assistance in the future, please advise.
Sincerely,
WILLIAM J. GUSTE, JR.
Attorney General

OLIVER W. WILLIAMS
Staff Attorney
O~/crw