Could the Orleans Parish district attorney accept a private crime-bureau grant to prosecute auto theft and insurance fraud?

Plain-English summary

The Orleans Parish district attorney's office asked whether it could receive a National Insurance Crime Bureau grant of $100,000 a year designated to hire a prosecutor and investigator for auto-theft and insurance-fraud cases. The AG found no state statutory or constitutional prohibition on receiving the grant under the terms described. It said screening and prosecuting those crimes fell within the district attorney's constitutional authority over state criminal prosecutions in the district.

The office also asked about conflicts of interest. The AG did not decide that question. It referred that part of the request to the Louisiana Board of Ethics for a formal response.

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

Did the AG say the district attorney could receive the described grant?

Yes. It found no state statutory or constitutional provision preventing receipt under the terms stated in the request.

What work would the grant fund?

The request described hiring a prosecutor and an investigator to screen and prosecute auto-theft and insurance-fraud crimes.

Did the opinion rule out a conflict of interest?

No. The AG said that issue was outside its jurisdiction and referred it to the Board of Ethics.

Background and statutory framework

Article V, Section 26(B) of the Louisiana Constitution placed state criminal prosecutions in a district under the district attorney's charge. The AG said the grant-funded work described in the request appeared to fall within that authority, while leaving the conflict question to ethics officials.

Citations

• Article V, Section 26(B) of the Louisiana Constitution (district attorney's prosecution authority).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0014

Original opinion text

February 16, 2004
Opinion Number 04-0014
90-A PUBLIC FUNDS & CONTRACTS
Article V, Section 26(B) of Louisiana Constitution Ms. Gaynell Williams, First Executive Assistant District Attorney for the Parish of Orleans District Attorney for the Parish of New Orleans is not prohibited from receiving grant funds that
619 South White Street
provide for the hiring of a prosecutor and
New Orleans, LA. 70119
investigator for the purpose of screening and
prosecuting crimes relating to auto theft and insurance fraud.
Dear Ms. Williams:

You have requested an opinion of the Attorney General of whether there are any “conflicts of interest” or other prohibitions that would prohibit the District Attorney for the Parish of Orleans from receiving a grant from the National Insurance Crime Bureau (NICB). The grant would provide the District Attorney for the Parish of Orleans an annual sum of $100,000 specifically designated for the hiring of a prosecutor and an investigator for the purpose of screening and prosecuting crimes relating to auto theft and insurance fraud.

This office can find no state statutory or constitutional provisions which would prevent the District Attorney for the Parish of Orleans from receiving the grant funds subject to the terms and conditions described therein. In fact, the services that would be rendered by the District Attorney with the funds would appear to be within the inherent authority of the District Attorney as set forth in the state constitution. Article V, Section 26(B) of the Louisiana Constitution states that the District Attorney “shall have charge of every criminal prosecution by the state in his district, be the representative of the state before the grand jury in his district, and be the legal advisor to the grand jury.” Such authority would include the screening and prosecution of crimes relating to auto theft and insurance fraud.

That part of your opinion request relating to possible “conflicts of interest” is not within the jurisdiction of this office and has been referred to the Louisiana Board of Ethics for a formal response.

We trust that this answers your inquiry.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _______
RICHARD L. McGIMSEY
Assistant Attorney General
CCF, jr./RLM/dam

Page 2

OPINION NUMBER 04-0014
Syllabus

90-A PUBLIC FUNDS & CONTRACTS
Article V, Section 26(B) of Louisiana Constitution

District Attorney for the Parish of New Orleans is not prohibited from receiving grant funds that provide for the hiring of a prosecutor and investigator for the purpose of screening and prosecuting crimes relating to auto theft and insurance fraud.

Ms. Gaynell Williams, First Executive Assistant
District Attorney for the Parish of Orleans
619 South White Street
New Orleans, LA. 70119

Date Received:

Date Released: February 16, 2004

Richard L. McGimsey
Assistant Attorney General