Did an appointed Louisiana police juror have to meet the same qualifications as an elected juror?

Plain-English summary

LaSalle Parish's registrar of voters asked whether a person appointed to a vacant police jury seat had to meet the qualifications imposed on a candidate for that office. The Attorney General answered yes. R.S. 18:602(A), as quoted in the opinion, directed the local governing authority to appoint someone "who meets the qualifications of the office." The AG applied that phrase to the qualifications for police jurors in R.S. 33:1225.

The opinion also distinguished the length of the unexpired term. It said an appointee served the remainder of a term of one year or less. For a longer remainder, it said the governing authority had to issue a proclamation for a special election while still appointing a qualified person to fill the vacancy in the meantime.

Currency note

This opinion was issued in 2006. 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 the parish appoint someone who lacked the elected office's qualifications?

No. The AG concluded that the appointee had to meet the same office qualifications as someone elected to the police jury.

What did the opinion identify as the police juror qualifications?

It quoted R.S. 33:1225's reference to the qualifications for state representatives and its additional restriction concerning the mayor of a municipality with the population specified in that provision.

Did a longer unexpired term change the appointee's qualifications?

No. The opinion said a qualified appointee was still required; it also said a special election had to be called when more than one year remained.

Could the temporary appointee run in that special election?

Yes. The AG cited earlier opinions saying the appointee could offer as a candidate for the remainder of the term.

Background and statutory framework

The AG read the police jury qualifications in LSA-R.S. 33:1225 together with the vacancy procedure in LSA-R.S. 18:602. Its answer turned on the latter's explicit instruction that a vacancy appointee meet the qualifications of the office, rather than on whether the person reached office by election or appointment.

Citations

• LSA-R.S. 33:1225 (police juror qualifications).
• LSA-R.S. 18:602(A), (E)(1)(a), and (E)(2)(a) (vacancy appointments and term length).
• Atty. Gen. Op. Nos. 78-230, 89-3, and 93-58 (appointee's eligibility to run).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0246

Original opinion text

September 26, 2006
OPINION No. 05-0246

77 OFFICERS – Local & Municipal; Selection, Qualifications & Tenure; Vacancies

Ms. Connie Huett
7R.S. 18:602(A) and (E), R.S. 33:1225
Registrar of Voters, LaSalle Parish
When an individual is appointed as a member of the
Post Office Box 2439
police jury in order to fill a vacancy on the police jury, the
Jena, Louisiana 71342
appointee must meet the qualifications that an individual
elected to the police jury would also have to meet.
Dear Ms. Huett:

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. You inquire whether a person appointed as a member of the police jury must meet the qualifications that a person running for the office of police juror would also have to meet.

LSA-R.S. 33:1225 sets forth the requisite qualifications for police jury members. It provides, “Members of the police juries shall possess the same qualifications at the time of their election as members of the house of representatives1 and in addition thereto shall not hold or exercise the office of mayor of any municipality having a population of 5,000 or more according to the United States census for the year 1960.”

When a vacancy2 occurs in the office of a parish or municipal governing authority or a combination thereof . . . the governing authority of the local governmental subdivision where the vacancy occurs shall, within ten days, appoint a person to fill the vacancy who meets the qualifications of the office. LSA-R.S. 18:602(A) (Emphasis added). This statute clearly requires the appointed police juror to meet the qualifications of the office, i.e., be in compliance with LSA-R.S. 33:1225. If the unexpired term is one year or less, the appointee will serve the remainder of the unexpired term. LSA-R.S. 18:602(E)(1)(a).

1
These qualifications can be found in LSA-Const. Art. 3, § 4(A), (B). They include qualifications based on age, residence and domicile. 2 A vacancy is defined in LSA-R.S. 18:581(1) as follows: “(1) A ‘vacancy’ occurs in an elective office when the office is or will be unoccupied by reason of the death of the official who was elected to the office, or by reason of his retirement or resignation, removal from office by any means, failure to take office for any reason, or when it becomes certain that the person elected to the office will not take the office on the day when the term for which he was elected commences, or when the person elected to or holding the office no longer meets the residence or domicile requirements of that office, and declaration of retention of domicile to the contrary notwithstanding, or when an office is created due to a reclassification of a municipality.”

Page 2

Opinion No. 05-0246
Ms. Connie Huett, LaSalle Reg. Voters
Page: -2-

When a vacancy occurs on the police jury and the unexpired term will exceed one year, the governing authority of the local governmental subdivision where the vacancy occurs must still appoint a person to fill the vacancy who meets the qualifications of the office. LSA-R.S. 18:602(A), 19:602(E)(2)(a). However, it must also, within ten days after the vacancy occurs, issue a proclamation ordering a special election to fill the vacancy. LSA-R.S. 18:602(E)(2)(a). It should be noted that the person appointed to fill the vacancy until a special election is held may offer himself as a candidate in the special election to fill the office for the remainder of the term. Atty. Gen. Op. Nos. 78-230, 89-3, 93-58.

Based on the foregoing, it is the opinion of this office that when an individual is appointed as a member of the police jury in order to fill a vacancy on the police jury, the appointee must meet the qualifications that an individual elected to the police jury would also have to meet.

We trust this adequately responds to your request. If you have any additional questions or comments, please do not hesitate to contact our office.

Respectfully submitted,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _____
WILLIAM P. BRYAN, III
Assistant Attorney General
CCF,Jr./WPB, III

Page 3

Opinion No. 05-0246
Ms. Connie Huett, LaSalle Reg. Voters
Page: -3-

SYLLABUS
OPINION NUMBER 05-0246

77 OFFICERS – Local & Municipal; Selection, Qualifications & Tenure; Vacancies

7R.S. 18:602(A) and (E), R.S. 33:1225

When an individual is appointed as a member of the police jury in order to fill a vacancy on the police jury, the appointee must meet the qualifications that an individual elected to the police jury would also have to meet.

Ms. Connie Huett
Registrar of Voters, LaSalle Parish
Post Office Box 2439
Jena, Louisiana 71342

DATE RECEIVED:

DATE RELEASED: September 26, 2006

William P. Bryan, III
Assistant Attorney General