Could one Louisiana lawyer serve part time as both a deputy sheriff and an assistant district attorney?
Apply this to your situation
This page answers the general question as of 2004. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
A lawyer asked whether he could hold part-time appointments as both a deputy sheriff and an assistant district attorney. The AG said the dual-officeholding law did not bar that combination. R.S. 42:63(E) prohibited two full-time appointive positions, while the two jobs described were part time. The opinion pointed to the statute's definitions of full-time and part-time.
The AG also noted the requester's acknowledgment that appropriate action should be taken to avoid potential conflicts under the Model Rules of Professional Conduct. It did not decide a specific professional-conduct issue.
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 requester hold both part-time posts?
The AG said yes under the dual-officeholding law, because the cited prohibition concerned two full-time appointive positions.
Did the opinion authorize two full-time appointments?
No. It cited R.S. 42:63(E)'s prohibition on holding two full-time appointive positions and applied the part-time facts presented.
Did the AG resolve possible professional-conduct conflicts?
No. It only noted the requester's acknowledgment that appropriate action should be taken to avoid potential conflicts.
Background and statutory framework
The opinion applied R.S. 42:63(E) and pointed to R.S. 42:62(4) and (5) for the definitions of full-time and part-time. Its conclusion was confined to simultaneous part-time service in the two named posts.
Citations
- R.S. 42:63(E) (two full-time appointive positions).
- R.S. 42:62(4) and (5) (full-time and part-time definitions).
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0017
Original opinion text
June 4, 2004
OPINION 04-0017
Mr. Lucien H. Marioneaux, Jr.
Attorney at Law
925 Azalea Gardens Drive
Shreveport, LA 71115
Dear Mr. Marioneaux:
In response to your inquiry of recent date, note that the Louisiana Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., do not prohibit one from holding a part-time appointive position as a deputy sheriff and a part-time appointive position as assistant district attorney. R.S. 42:63(E) prohibits one from holding two full-time appointive positions, which is not the case in this matter. See also R.S. 42:62(4) and (5) for the definitions of full-time and part-time, respectively. Thus, you may hold both positions simultaneously. As you acknowledge in your letter, appropriate action should be taken to avoid potential conflicts under the Model Rules of Professional Conduct.
Very truly yours,
CHARLES C. FOTI, JR.
ATTORNEY GENERAL
BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams
Page 2
OPINION 04-0017
78 DUAL OFFICEHOLDING
Part-time assistant district attorney may also be part-time deputy sheriff.
Mr. Lucien H. Marioneaux, Jr.
Attorney at Law
925 Azalea Gardens Drive
Shreveport, LA 71115
Date Received:
Date Released: June 4, 2004
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
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