Could a Louisiana court pay a judge's defense lawyer while judicial misconduct allegations were still pending?

Plain-English summary

A district court's judges had voted to pay a colleague's legal expenses from their Judicial Expense Fund while the Louisiana Judiciary Commission was still reviewing allegations against that judge. In 2005, the Attorney General concluded the fund could not pay before the Commission exonerated the judge. The AG tied that timing condition to the constitutional ban on donating public funds.

After exoneration, reimbursement could be permissible if the complaint arose from the judge's official duties. Before payment, the court also had to determine that counsel's hourly rate, hours, and expenses were reasonable and necessary. The opinion did not say the judge in the request would be exonerated or that any particular bill qualified.

Currency note

This opinion was issued in 2005. 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 a vote of the district judges authorize payment while the case was pending?

No. The AG said the judges' vote did not permit payment before the Judiciary Commission reached an exonerating result.

Was exoneration alone enough for reimbursement?

The AG required more: the complaint had to arise from official duties, and the rate, hours, and costs had to be found reasonable and necessary before payment.

Did the state indemnification statute expressly cover Commission defense fees?

The AG said R.S. 13:5108.1 addressed certain official-duty financial losses but did not specifically govern fees from Judiciary Commission proceedings. Its reimbursement conclusion drew on earlier AG opinions.

Background and statutory framework

The inquiry concerned a judge under ongoing Commission review and legal expenses the court wanted to pay from its own fund. The AG compared the state's official-duty indemnification statute with earlier opinions on Commission defense fees. It concluded that paying before exoneration would conflict with the public-funds no-donation rule, while a later qualifying reimbursement could be permissible.

Citations

• R.S. 13:5108.1 (state officer and employee indemnification provision discussed in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0144

Original opinion text

April 26, 2005
OPINION NUMBER 05-0144

56 JUDGES
90-A-1PUBLIC FUNDS & CONTRACTS
Honorable G. Michael Canaday
R.S. 13:5108.1
Chief Judge, 14th Judicial District Court A judge exonerated of allegations investigated by the Louisiana Judiciary Commission may be reimbursed legal
P.O. Box 3210
fees incurred in connection therewith, if the nature of the
Lake Charles, Louisiana 70602
complaint arose out of his official duties of office. However,
the payment of attorney’s fees is prohibited until such time as the judge is exonerated by the Commission.
Dear Judge Canaday:

You requested an Attorney General’s opinion regarding the payment of legal fees from the Fourteenth Judicial District Court Judicial Expense Fund. You indicated that one of the judges from the Fourteenth Judicial District Court is undergoing review with the Louisiana Judicial Commission (“Commission”). The judge has secured legal representation to assist with responding to the allegations, and a majority of the judges have voted and agreed to pay the legal expenses incurred from the Court’s funds. At this time, the Commission has made no decision concerning the allegations.

As you are aware, R.S. 13:5108.1, et seq. provides for the indemnification of state officers and employees for financial loss arising out of claims, demands, suits or judgments where “the act that forms the basis of the cause of action took place while the individual was engaged in the performance of the duties of the individual’s office or employment with the state”. However, the law does not specifically address the reimbursement of legal fees incurred by state officers or employees in connection with proceedings before the Commission.

Nevertheless, this office has opined that “a judge exonerated of allegations investigated by the Commission may be reimbursed legal fees incurred in connection therewith, if the nature of the complaint arose out of his official duties of office.” (Emphasis added). Further, if the judge is exonerated, the payment of legal fees would be a permissible expenditure from the Judicial Expense Fund. See Attorney General Opinion No. 01- 149.

However, it is the opinion of this office that the payment of attorney’s fees is prohibited until such time as the judge is exonerated by the Commission. It obviously follows that payment before the conclusion of the proceedings would not be consistent with the mandate that reimbursement be only upon the judge being exonerated.
The requirement of exoneration is to avoid violation of the prohibition of the Constitution relative to the donation of public funds. In accord is Attorney General Opinion No. 99- 356A.

Page 2

Hon. G. Michael Canaday
OPINION NUMBER
Page – 2 –

If the judge is exonerated, please note this office has consistently opined that, prior to payment, a determination must be made that: (1) the hourly rate charged by legal counsel is reasonable, (2) the number of hours spent by legal counsel were reasonable and necessary and (3) any costs incurred by counsel were reasonable and necessary. Attorney General Opinion No. 01-149.

Trusting this adequately responds to your request, we remain

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ______
KENNETH L. ROCHE, III
Assistant Attorney General

CCF, JR/KLR, III/mjb

Page 3

OPINION NUMBER 05-0144

56 JUDGES
90-A-1 PUBLIC FUNDS & CONTRACTS

R.S. 13:5108.1

A judge exonerated of allegations investigated by the Louisiana Judiciary Commission may be reimbursed legal fees incurred in connection therewith, if the nature of the complaint arose out of his official duties of office. However, the payment of attorney’s fees is prohibited until such time as the judge is exonerated by the Commission.

Honorable G. Michael Canaday
Chief Judge, 14th Judicial District Court
P.O. Box 3210
Lake Charles, Louisiana 70602

Date Received:

Date Released: April 26, 2005

KENNETH L. ROCHE, III
ASSISTANT ATTORNEY GENERAL