Can a Louisiana justice of the peace also work full time as a deputy clerk of court?

Plain-English summary

Rod Schouest asked in 2005 whether he could serve as an elected justice of the peace while working full time as a deputy clerk of court. The Louisiana Attorney General answered no. It treated the justice position as local elective office and the full-time deputy clerk position as an appointive office.

The opinion pointed to R.S. 42:63(D), which barred a holder of local elective office from concurrently holding a full-time appointive office in state or local government. It explained that the Louisiana Constitution authorized clerks of court to appoint deputies, and used the statutory definitions of "appointive office" and "full-time" to classify Schouest's deputy clerk job.

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.

Common questions

Could an elected justice of the peace also be a full-time deputy clerk?

The AG said no. It concluded that the two offices fell within the concurrent holding ban in R.S. 42:63(D).

Why did the AG classify a deputy clerk as an appointive officer?

The opinion said the Louisiana Constitution authorized an elected clerk of court to appoint deputies. That matched the statutory definition of an office authorized by law and filled by appointment by a public official.

What counted as full time in the opinion?

The opinion quoted R.S. 42:62(4), which required at least seven hours per workday and at least thirty-five hours per workweek in the appointive role or employment.

Background and statutory framework

R.S. 42:63(D) supplied the dual-officeholding prohibition. R.S. 42:62(2) defined appointive office, while R.S. 42:62(4) defined full-time work. The AG applied those provisions to a constitutionally authorized deputy clerk appointment and the elected justice of the peace position.

Citations

• R.S. 42:63(D) (concurrent officeholding restriction).
• R.S. 42:62(2) (appointive office definition).
• R.S. 42:62(4) (full-time definition).
• LSA-Const. Art. V. Section 28 (clerks of court and deputies).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0206

Original opinion text

June 16, 2005
OPINION 05-0206

78 DUAL OFFICEHOLDING
R.S. 42:63(D); R.S. 42:62(2);
Mr. Rod Schouest
State law prohibits one from holding local elective office and a full-time
P. O. Box 10
appointive office; thus, individual may not hold the office of justice of the
peace and the full-time appointive office of deputy clerk.
Gretna, LA 70054

Dear Mr. Schouest:

You have asked this office to advise you whether you may legally hold the elected position of justice of the peace while holding a full-time appointed position as deputy clerk of court. Our response is the law prohibits the concurrent holding of these positions.

The provisions of our state’s Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., govern our response to your question. R.S. 42:63(D) is pertinent to your inquiry and states:

D. No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof. No such person 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. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor, or clerk of court. (Emphasis added).

A justice of the peace holds elective office.1 Your position as deputy clerk constitutes full-time appointive office. “Appointive office” is defined as R.S. 42:62(2) as follows:

. . . Any office in any branch of government. . . which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinance of any political subdivision thereof and

1
R.S. 42:62(1) provides:
(1) “Elective office” means any position which is established or authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof, which is not a political party office and which is filled by vote of the citizens of this state or of a political subdivision thereof.

Page 2

Mr. Rod Schouest
OPINION 05-0206
Page 2
which is filled by appointment or election by an elected or appointed public official . . .

The position of deputy clerk of court is created by LSA-Const. Art. V. Section 28 (1974), providing:

§28. Clerks of Court
Section 28. (A) Powers and Duties; Deputies

In each parish a clerk of the district court shall be elected for a term of four years. He shall be ex officio notary public and parish recorder of conveyances, mortgages, and other acts and shall have other duties and powers provided by law. The clerk may appoint deputies with duties and powers provided by law. (Emphasis added).

The position of deputy clerk is a local appointive office under R.S. 42:62(2) because it is an office which is specifically established by the constitution of this state and which is filled by appointment by an elected public official. This position is a full-time job, as provided in R.S. 42:62(4).2

R.S. 42:63(D) prohibits the concurrent holding of local elective office and full-time appointive office. Thus, you may not legally hold both positions concurrently.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

2
(4) “Full-time” means the period of time which a person normally works or is expected to work in an appointive office or employment and which is at least seven hours per day of work and at least thirty-five hours per week of work.

Page 3

Mr. Rod Schouest
OPINION 05-0206
Page 3

OPINION 05-0206

78 DUAL OFFICEHOLDING

R.S. 42:63(D); R.S. 42:62(2);

State law prohibits one from holding local elective office and a full-time appointive office; thus, individual may not hold the office of justice of the peace and the full-time appointive office of deputy clerk.

Mr. Rod Schouest
P. O. Box 10
Gretna, LA 70054

Date Received:
Date Released:

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

Date Received
Date Released: June 16, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL