Would the Louisiana AG defend a Baton Rouge city court judge and indemnify a judgment?

Plain-English summary

East Baton Rouge Parish's attorney asked whether Baton Rouge city court judges were covered by the state's legal defense and indemnification law. The Attorney General said city court judges were excluded from the statute's "covered individual" definition. La. R.S. 13:1905(E) also expressly denied city court judges a right to indemnification by the state for claims or judgments.

The opinion nevertheless concluded that a city court judge was entitled to legal representation by the Attorney General's office for claims arising from acts taken in the judge's official capacity. It distinguished that representation from state payment of a judgment.

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

Did the AG treat city court judges as covered individuals under R.S. 13:5108.1?

No. The opinion said the statute expressly excluded city courts and their officials from that definition.

Did the opinion say the state would indemnify a city court judge?

No. It quoted La. R.S. 13:1905(E)'s express denial of a state indemnification right.

Could the AG's office represent a judge sued for official judicial acts?

The opinion concluded that it could provide legal representation for claims arising from acts taken in the judge's official capacity.

Background and statutory framework

The request presented three questions about city judges, the covered-individual definition, and the relationship between La. R.S. 13:5108.1 and 13:1905. The AG held the judges excluded from covered-individual status, declined the conditional second question, discussed the indemnification bar, and concluded that the AG's office could represent judges for claims arising from official acts.

Citations

• R.S. 13:5108.1 (covered-individual definition).
• La. R.S. 13:5108.1(A) (state employee indemnification discussed).
• La. R.S. 13:1905(E) (city judge indemnification exclusion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0265

Original opinion text

November 7, 2005
OPINION NUMBER: 05-0265

56-JUDGES
Mr. William R. Weatherford
71-MUNICIPALITIES
Chief Assistant Parish Attorney
LA. R.S. 13:5108.1
Office of the Parish Attorney
LA. R.S. 13:1905
Parish of East Baton Rouge
A City Court Judge would be entitled to legal
222 St. Louis Street
representation by the Attorney General’s Office for any
P.O. Box 1471
claims arising out of acts taken in their official capacity
as Judge, However they would not be entitled to
Baton Rouge, Louisiana 70821
indemnification.

Dear Mr. Weatherford:

You have requested an Attorney General’s Opinion in your capacity as Chief Assistant Parish Attorney for the Office of the Parish Attorney, Parish of East Baton Rouge regarding Baton Rouge City Court Judges concerning the following issues:

1. Are Baton Rouge City Court Judges considered to be “covered individuals” under L.A. R.S. 13:5108.1?

2. And if so, does this statute provide the same protection to Baton Rouge City Court Judges, as it does to other “covered individuals?”

3. What effect does La. R.S. 13:1905 have in relation to La. R.S.
13:5108.1?

A plain reading of R.S. 13:5108.1 answers your first question; Under subpart (E)(3)(a) and (b) it states:

"Covered individual" does not include:

An official, officer, or employee of a municipality, ward, parish, special district, including without limitation a levee district, school board, parish law enforcement district, or any other political subdivision or local authority other than a deep-water port, deep- water port commission, or deep-water port, harbor, or terminal district whose functions have not been transferred to a state department or office or agency thereof.

Page 2

OPINION NO. 05-0265
Mr. William R. Weatherford
Chief Assistant Parish Attorney
Parish of East Baton Rouge
Page No. 2

District attorneys, sheriffs, assessors, clerks of district courts, coroners, justices of the peace, constables, mayor's courts, city courts, marshals, nor the officials, officers, or employees thereof.

Therefore city court judges are specifically excluded as covered individuals under the statute.

Our answer to your first question makes it unnecessary to address your second question.

To answer your third question, La. R.S. 13:1905(E) states “this Section shall not be construed as creating a right of indemnification by a city court judge against the state for any claim, demand, suit, or judgment whatsoever.” Thus, city court judges are not entitled to the indemnification generally given to state employees pursuant to La. R.S. 13:5108.1(A).

La. R.S. 13:1905(E) expressly provides that city court judges are not entitled to indemnification. Therefore, the portion of La. R.S. 13:5108.1(A)(1) regarding indemnification is not applicable to city court judges as they have been excluded under both La. R.S. 13:1905(E) and 13:5108.1(E)(3)(a) and (b).

It is the opinion of this office that a City Court Judge would be entitled to legal representation by the Attorney General’s office for any claims arising out of acts taken in their official capacity as judge, However they would not be entitled to indemnification.

Trusting this adequately responds to your request, we remain

Truly Yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ____
MICHAEL CREIGHTON
ASSISTANT ATTORNEY GENERAL

CCF,Jr./MRC/msk

Page 3

OPINION NO. 05-0265
Mr. William R. Weatherford
Chief Assistant Parish Attorney
Parish of East Baton Rouge
Page No. 3

OPINION NO. 05-0265

56-JUDGES
71-MUNICIPALITIES

LA. R.S. 13:5108.1
LA. R.S. 13:1905

A City Court Judge would be entitled to legal representation by the Attorney General’s Office for any claims arising out of acts taken in his official capacity as Judge, However they would not be entitled to indemnification.

DATE REQUESTED :

DATE RELEASED: November 7, 2005

REQUESTED BY: Mr. William R. Weatherford Chief Assistant Parish Attorney
Parish of East Baton Rouge
222 St. Louis Street
P.O. Box 1471
Baton Rouge, LA 70821

AUTHOR: MICHAEL CREIGHTON
Assistant Attorney General
Litigation Division