Did the Orleans Criminal District Court clerk have to join the Clerks of Court Retirement and Relief Fund?

Plain-English summary

A request submitted on behalf of the Clerks of Court Retirement and Relief Fund asked whether the newly elected clerk of the Criminal District Court in Orleans Parish had to join the Clerks of Court Retirement and Relief Fund. The AG said yes. The statute required clerks of each district court to become members of the system during their service, and another statute defined the system as that fund. The opinion also relied on Louisiana's rule that the word "shall" is mandatory.

The opinion resolved that clerk's membership question under the statutes as they stood in 2004. It did not address a choice of benefits or whether another court officer qualified for membership.

Currency note

This opinion was issued in 2004. 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 the Orleans Criminal District Court clerk decline fund membership?

The AG said no. It read the statute's "shall become and be a member" language as mandatory for that district court clerk during service.

Which retirement fund did the statute mean by "system"?

The opinion said La.R.S. 11:1503(10) defined "system" as the Clerks of Court Retirement and Relief Fund.

Did the opinion decide the clerk's retirement benefit amount?

No. It addressed whether membership was required, not benefit calculations.

Background and statutory framework

La.R.S. 11:1511 listed clerks of the district courts among those who "shall become and be a member" of the system during service. La.R.S. 11:1503(10) supplied the system's name, and La.R.S. 1:3 made "shall" mandatory. Those provisions drove the AG's answer about the newly elected Orleans clerk.

Citations

• La.R.S. 11:1511 (mandatory membership during service).
• La.R.S. 11:1503(10) (definition of system).
• La.R.S. 1:3 (mandatory meaning of "shall").

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0007

Original opinion text

February 20, 2004
OPINION NUMBER 04-0007

10 – CLERKS OF COURT- Compensation & Fees; Powers and Duties;
General
61 – LAWS - General
92-A-2-(b) – RETIREMENT – Clerks of Court

Statutes / Attorney General Opinions referenced above:
Mr. Jon Gegenheimer, President
Board of Trustees
La.R.S. 1:3; La.R.S. 11:1503(10), La.R.S. 11:1511
Louisiana Clerks of Court Association The legislature has mandated clerks of each of the district courts to
11745 Bricksome Ave. – Suite B-1
become and remain members of the Clerks’ of Court Retirement and
Relief Fund during such time that he/she serves in that capacity.
Baton Rouge, LA 70816

Dear Mr. Gegenheimer:

This office is in receipt of your recent opinion request submitted on behalf of the Clerks of Court Retirement and Relief Fund. Particularly, your inquiry is whether the newly elected Clerk of the Criminal District Court in Orleans Parish is required to become a member of the Retirement and Relief Fund pursuant to La.R.S. 11:1511.

La.R.S. 11:1511 provides as follows:

The clerk of the supreme court, each of the courts of appeal, each of the district courts, and each of the city and traffic courts in cities having a population in excess of four hundred thousand, and the employees of such clerks, whether full-time or part-time, and the employees of the Louisiana Clerks of Court Association, the Louisiana Clerks' of Court Retirement and Relief Fund, and the Louisiana Clerks of Court Insurance Fund, shall become and be a member of the system during service as such.

La.R.S. 11:1503(10) provides, in pertinent part, that “system” means the Clerks’ of Court Retirement and Relief Fund. Additionally, La.R.S. 1:3 states that the word “shall” is mandatory and the word “may” is permissive.

Based on the foregoing, it appears that the legislature has mandated clerks of each of the district courts to become and remain members of the Clerks’ of Court Retirement and Relief Fund during such time that he/she serves in that capacity. Therefore, it is the opinion of this office that the newly elected Clerk of the Criminal District Court in Orleans Parish is required to effect membership as is contemplated by La.R.S. 11:1511.

Page 2

Opinion No. 04-0007
Jon Gegenheimer, President
Louisiana Clerks of Court Association
Page: -2-

I trust that this adequately responds to your inquiry. Should you have any further questions, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:______
CHARLES H. BRAUD, JR.
Assistant Attorney General

CCF,Jr./CHB, Jr./dor

Page 3

Opinion No. 04-0007
Jon Gegenheimer, President
Louisiana Clerks of Court Association
Page: -3-

SYLLABUS
OPINION NUMBER 04-0007

10 – CLERKS OF COURT- Compensation & Fees; Powers and Duties; General 61 – LAWS - General 92-A-2-(b) – RETIREMENT – Clerks of Court

Statutes / Attorney General Opinions referenced above:

La.R.S. 1:3; La.R.S. 11:1503(10), La.R.S. 11:1511

The legislature has mandated clerks of each of the district courts to become and remain members of the Clerks’ of Court Retirement and Relief Fund during such time that he/she serves in that capacity.

Jon Gegenheimer, President
Board of Trustees
Louisiana Clerks of Court Association
11745 Bricksome Ave. – Suite B-1
Baton Rouge, LA 70816

DATE RECEIVED:

DATE RELEASED: February 20, 2004

CHARLES H. BRAUD, JR.
Assistant Attorney General