Was an appointed New Orleans traffic court clerk required to join the Louisiana clerks' retirement fund despite a conflicting city ordinance?

Plain-English summary

The newly appointed clerk of the New Orleans Traffic Court asked whether she had to join the Clerks' of Court Retirement and Relief Fund. In 2005, the Attorney General answered yes. R.S. 11:1511 then required clerks of city and traffic courts in cities with more than 400,000 residents to belong to the system "during service as such." The AG treated that "shall" language as mandatory and concluded that a contrary city ordinance could not change the result for this clerk.

This holding concerned the New Orleans traffic court clerk and the population category stated in the statute. The opinion did not analyze retirement membership for traffic courts in cities outside that category.

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 New Orleans traffic court clerk opt out of the clerks' retirement fund under a city ordinance?

The AG said no. It held that state law controlled over a contrary city ordinance and required the appointed clerk to remain a member while serving in that position.

Did appointment instead of election change the clerk's membership requirement?

No. The requester was a newly appointed clerk, and the AG applied R.S. 11:1511's membership mandate to her service without an appointment exception.

Which court clerks did the quoted membership statute cover?

The opinion quoted a list covering clerks of the supreme court, courts of appeal, district courts, and city and traffic courts in cities with more than 400,000 residents, as well as specified employees. Its specific conclusion concerned the appointed New Orleans traffic court clerk.

Background and statutory framework

R.S. 11:1511 used the word "shall" for membership in the retirement "system." The opinion cited R.S. 11:1503(10) to identify that system as the Clerks' of Court Retirement and Relief Fund and R.S. 1:3 for the mandatory meaning of "shall." It also referred to an earlier AG opinion, 04-0007, as consistent with the result. The linked three-page source refers to a copy of that earlier opinion as attached but does not reproduce it in the extracted text.

Citations

• R.S. 11:1511 (mandatory retirement system membership during service).
• R.S. 11:1503(10) (definition of "system").
• R.S. 1:3 (construction of mandatory language).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0278

Original opinion text

July 25, 2005
OPINION 05-0278

10 Clerks of Court
Honorable Judith W. Dugar
61 Laws
Clerk of Court
92-A-1-b Retirement
727 South Broad Street
R.S. 11:1511
Appointed clerk of traffic court for City of New Orleans is required by
New Orleans, LA 70119
law to become a member of the Clerks’ of Court Retirement and Relief
Fund.
Dear Ms. Dugar:

You have asked this office to advise you whether you as newly appointed Clerk of Court for the City of New Orleans Traffic Court are required to become a member of the Clerks’ of Court Retirement and Relief Fund pursuant to R.S. 11:1511. This statute provides:

§1511. Membership

The clerk of the supreme court, each of the courts of appeal, each of the district courts, and each of the city and traffic courts in cities having a population in excess of four hundred thousand, and the employees of such clerks, whether full-time or part-time, and the employees of the Louisiana Clerks of Court Association, the Louisiana Clerks’ of Court Retirement and Relief Fund, and the Louisiana Clerks of Court Insurance Fund, shall become and be a member of the system during service as such.

The word “system” in R.S. 11:1511 means the Clerks’ of Court Retirement and Relief Fund. See R.S. 11:1503(10).1 Further, rules of statutory construction dictate that the use of the word “shall” is mandatory. See R.S. 1:3.

The legislature has mandated that the clerks of the traffic courts in cities having a population in excess of four hundred thousand become a member of the Clerks’ of Court Retirement and Relief Fund during the time that person serves in that capacity. State law is controlling over city ordinances to the contrary; thus, you must become and remain a member of the system during your term as clerk pursuant to R.S. 11:1511.

1
R.S. 11:1503(10) states: "System" means the Clerks' of Court Retirement and Relief Fund.

Page 2

Honorable Judith Dugar
OPINION 05-0278
Page 2

In accord is Attorney General Opinion 04-0007, copy attached.

We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 3

Honorable Judith Dugar
OPINION 05-0278
Page 3

OPINION 05-0278

10 Clerks of Court
61 Laws
92-A-1-b Retirement

R.S. 11:1511

Appointed clerk of traffic court for City of New Orleans is required by law to become a member of the Clerks’ of Court Retirement and Relief Fund.

Honorable Judith W. Dugar
Clerk of Court
727 South Broad Street
New Orleans, LA 70119

Date Received:
Date Released: July 25, 2005

KERRY KILPATRICK
ASSISTANT ATTORNEY GENERAL