Does an assigned Louisiana justice of the peace receive the pay of the judge whose duties he takes over?

Plain-English summary

Justice of the Peace Jerry Stallings asked whether taking over Justice Connors’s duties also entitled him to the same state and Concordia Parish pay Connors had received. In 2005, the Attorney General answered by relying on its earlier Opinion 82-713 and a statute addressing judges assigned by the supreme court. It said an assigned judge receives compensation no less than that of the judges of the assigned court, including additional compensation.

The opinion quoted Louisiana Revised Statute 11:1357, which it said had been redesignated from Louisiana Revised Statute 13:30(G). The quoted rule also addressed reasonable expenses during the assignment. The AG did not calculate Stallings’s pay, identify Connors’s salary, or analyze whether every justice of the peace assignment satisfies the statute’s conditions.

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

Did the AG say an assigned judge could receive additional compensation?

Yes. It said the assigned judge was entitled to the compensation of the judges of the court to which the judge was assigned, including additional compensation.

Did the AG determine Stallings’s exact salary from the state and parish?

No. The request asked about matching Justice Connors’s pay, but the reply stated the compensation rule without calculating an amount.

Did the quoted statute address expenses during an assignment?

Yes. The excerpt in the opinion provided for reasonable expenses during the period of service.

Background and statutory framework

Stallings described taking over another justice’s duties and responsibilities. The AG cited Opinion 82-713 and quoted the assigned-judge compensation language of Louisiana Revised Statute 11:1357. Its response applied that rule to the compensation question without examining the facts of the assignment in detail.

Citations

• Louisiana Revised Statute 11:1357 (assigned-judge pay and expenses, as quoted).
• Louisiana Revised Statute 13:30(G) (the former designation identified by the AG).
• La. Atty. Gen. Op. No. 82-713 (the earlier opinion the AG relied on).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0354

Original opinion text

November 9, 2005
Opinion Number 05-0354

Honorable Jerry Stallings
57- Justices of the Peace
Justice of the Peace
A judge assigned to a court is entitled to
1198 Fisherman Drive
receive the compensation of the judge of the
Ferriday, LA 71334
court to which he is assigned and any
additional compensation as well.

Dear Honorable Stallings:

Your request for an Attorney General opinion was forwarded to me for research and reply. You ask whether you are entitled to receive the same pay/salary from the state and the Concordia Parish Police Jury as Justice Connors had at the time he vacated the office since you have been assigned all of his duties and responsibilities.

We addressed essentially the same issue in La. Atty. Gen. Op. No. 82-713. We were of the opinion that a judge assigned to a court is entitled to receive the compensation of the judge of the court to which he is assigned, this includes any additional compensation as well. Our findings were based upon Louisiana Revised Statute 13:30(G) redesignated as Louisiana Revised Statute 11:1357 which reads in pertinent part:

A. When the supreme court assigns a sitting or retired judge…, to a court, such judge… shall be entitled to receive compensation, including his regular salary or retirement pay, not less than that of the judges of the court to which he is assigned, and he shall be entitled to the payment of reasonable expenses during the period of such service.

We hope this opinion has sufficiently addressed your concerns. If our office may be of further assistance, please do not hesitate to contact us.

Sincerely,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: ___
CHARLENE PATTERSON
Assistant Attorney General

/cp
enclosure

Page 2

OPINION 05-0354

57- Justices of the Peace

R.S. 11:1357

A judge assigned to a court is entitled to receive the compensation of the judge of the court to which he is assigned and any additional compensation as well.

Honorable Jerry Stallings
Justice of the Peace
1198 Fisherman Drive
Ferriday, LA 71334

Date Received:
Date Released: November 9, 2005

CHARLENE PATTERSON
Assistant Attorney General