Could the Orleans civil district court clerk contract to provide part-time legal services to a state board?

Short answer Yes. The AG said a professional-services contract was not state employment under the dual-officeholding statute. It therefore allowed the Orleans Parish Civil District Court clerk to keep her elected office while contracting to provide part-time legal services to a state board or commission.
State
Louisiana
Opinion
La. Atty. Gen. Op. 04-0040
Issued
February 25, 2004
Issued by
Office of the Louisiana Attorney General
Requested by
Ms. Dale N. Atkins, Clerk of Civil District Court, Orleans Parish

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.

Disclaimer: This is an official Louisiana Attorney General opinion. AG opinions are advisory; they inform Louisiana officials but are not binding precedent like a court ruling. This summary is informational and is not legal advice. Consult a licensed Louisiana attorney before relying on the opinion for a specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.
View original AG opinion (official page)

Plain-English summary

The Orleans Parish Civil District Court clerk asked whether she could provide part-time legal services to a state board or commission while holding elected office. The AG said yes, because a contract for professional services was not employment under the dual-officeholding law. The provision cited would have barred a local elected official from holding state-government employment, but the contract described did not fall within the statute's employment definition.

The opinion addressed a professional-services contract, not a salaried or per-diem state job. It cited an earlier AG opinion reaching the same result.

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 legal-services contract count as state employment?

The AG said no. It applied the statute's employment definition and treated professional-service contracting as outside it.

Could the clerk keep her elected office while doing that work?

The AG said yes for the part-time legal-services contract described in the request.

Did the opinion permit the clerk to take a salaried state job?

No. It quoted a rule barring a local elected official from state-government employment and distinguished the contract from that category.

Background and statutory framework

R.S. 42:63(D) restricted employment held alongside local elective office. R.S. 42:62(3) defined employment as a compensated salary- or per-diem-based job, excluding elective and appointive offices. The AG applied those provisions to the legal contract and cited Attorney General Opinion 91-449.

Citations

  • R.S. 42:63(D) (dual officeholding restriction).
  • R.S. 42:62(3) (employment definition).
  • Attorney General Opinion 91-449 (earlier professional-contract answer).

Source

Original opinion text

February 25, 2004
OPINION 04-0040

Ms. Dale N. Atkins
Clerk of Civil District Court, Orleans Parish
421 Loyola Avenue, Room 402
New Orleans, LA 70112

Dear Ms. Atkins:

In response to your inquiry of recent date, the law does not prohibit the Clerk of the Civil District Court for the Parish of Orleans from contracting to provide part-time legal services to a state board or commission.

Of potential concern is R.S. 42:63(D) of the Louisiana Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., providing in part:

“No person holding an elective office in a political subdivision of this State shall . .
. . hold at the same time employment in the government of this State, or in the same political subdivision in which he holds an elective office . . . .”

A clerk of court, holding elective office, would be prohibited from holding “employment in the government of this state.” R.S. 42:62(3) defines “employment” as:

“any job compensated on a salary or per diem basis, other than an elective or appointive office in which a person is an employee of the State government or of a political subdivision thereof.”

However, a person who has a contract to provide professional services does not hold “employment” as defined in R.S. 42:62(3) and thus R.S. 42:63(D) is not violated.

We conclude you may continue as clerk of court and contract to perform legal services for a state board or commission. Attached is Attorney General Opinion 91-449, which reaches the same conclusion.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams


Page 2

OPINION 04-0040

10 CLERKS OF COURT
78 OFFICERS – DUAL OFFICEHOLDING

R.S. 42:63(D); R.S. 42:61, et seq.; R.S. 42:62(3); in R.S. 42:62(3)

State law does not prohibit the Orleans Parish Civil Clerk of Court from contracting with a state board or commission to provide part-time legal services.

Mr. Dale N. Atkins
Clerk of Civil District Court, Orleans Parish
421 Loyola Avenue, Room 402
New Orleans, LA 70112

Date Received: February 5, 2004
Date Released: February 25, 2004

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

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