Could a LaSalle Parish constable keep serving the districts that elected her after moving to another district?
Apply this to your situation
This page answers the general question as of 2006. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
A LaSalle Parish constable elected for Districts 1 and 4 moved to District 5 and asked whether she could finish her term. In 2006, the Attorney General said no. La. R.S. 13:2583A(1) required a constable to be an elector and resident of the ward or district from which elected.
The AG then addressed the vacancy created by her departure. The request said one year or less remained on the term. Under La. R.S. 13:2583F, the chief deputy would take over for that remainder. If no chief deputy could do so, the governing authority had to appoint a qualified person within ten days. The opinion did not analyze the process for a vacancy with more than a year remaining.
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 mentioned here.
Common questions
Could the constable keep the District 1 and 4 offices after moving to District 5?
No. The AG said the statute required residence in the district from which the constable was elected.
Who took over with a year or less left on the term?
The chief deputy, if one was available. Otherwise, the governing authority had to appoint a person qualified for the office within ten days.
Did the opinion decide how a longer vacancy would be filled?
No. It applied the statutory rule for a remaining term of one year or less because that was the term described in the request.
Background and statutory framework
La. R.S. 13:2583A(1) supplied the residence and elector qualifications. La. R.S. 13:2583F supplied the succession and appointment rule for a vacancy with no more than one year left. The AG applied both to the constable’s stated move and remaining term.
Citations
- La. R.S. 13:2583A(1) (constable residence requirement).
- La. R.S. 13:2583F (short-vacancy succession rule).
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0406
Original opinion text
December 29, 2006
OPINION NUMBER 05-0406
77 OFFICERS – Local & Municipal; Selection, Qualifications & Tenure; Vacancies
La. R.S. 13:2583 et. seq.
Honorable Tracy McCartney
A constable in the Parish of LaSalle shall reside in
Constable, LaSalle Parish
the district from which elected. When a vacancy
1221 LA Street
occurs in the office of constable, the chief deputy
or appointed person by the governing authority
Jena, LA 71342
shall assume such position and duties and serve
for the remainder of the unexpired term, when the
Dear Constable McCartney: unexpired term is one year or less.
This office is in receipt of your request for an Attorney General Opinion regarding the residency requirements for the office of constable. Specifically, you ask whether you may continue to serve as constable in the districts for which you were elected, but no longer reside.
As indicated in your request, you were elected for Districts 1 and 4 in the parish of LaSalle, and have recently moved to District 5. Louisiana Revised Statute 13:2583A(1) sets forth the requirements and qualifications for the office of constable and provides in pertinent part:
A(1) There shall be one constable for the court of each justice of the peace in the several parishes of the state, who shall be…an elector and resident of the ward or district from which elected.
(Emphasis Added.)
As per Section A(1) of the above referenced statute, a constable shall be a resident of the district from which elected. See also Atty. Gen. Op. No. 97-403. Therefore, in light of La. R.S. 13:2583 et seq., it is the opinion of this office that you may no longer serve the remainder of your term as constable of Districts 1 and 4, from which you were elected.
In reference to your concerns regarding the vacancy of office that will occur from your resignation, La. R.S. 13:2583F is pertinent to your inquiry and provides as follows:
Page 2
Honorable Tracy McCartney
OPINION NUMBER 05-0406
Page -2-
F. When a vacancy occurs in the office of constable or marshal and unexpired term of the office is one year or less, the chief deputy shall assume such position and duties and shall serve for the remainder of the unexpired term. However, in those cases where there is no such person to assume the duties when the vacancy occurs, the appropriate governing authority shall within ten days, appoint a person having the qualifications of the office to assume the duties of the office for the remainder of the unexpired term. (Emphasis added.)
According to the information provided to our office, the remainder of your unexpired term is one year or less. Therefore, it is the opinion of our office that the chief deputy will serve the remainder of the unexpired term; however, if there is no such person, the governing authority shall appoint a person who meets the qualifications of the pertinent statute to serve the remainder of the term.
We hope the foregoing is helpful to you. Should you have any further inquiries in which we may provide assistance, please contact this office.
Yours very truly,
CHARLES C. FOTI, JR.
ATTORNEY GENERAL
By: _______
LaTonya L. Ozene
Assistant Attorney General
CCF, Jr:LLO/jv
Enclosure
cc: LaSalle Parish Police Jury
Honorable Eddie Coolman, JP, Dist. 1
Honorable Don R. Smith, JP, Dist. 4
Page 3
Honorable Tracy McCartney
OPINION NUMBER 05-0406
Page -3-
OPINION NUMBER 05-0406
77 OFFICERS – Local & Municipal; Selection, Qualifications & Tenure;
Vacancies
La. R.S. 13:2583 et. seq.
A constable in the Parish of LaSalle shall reside in the district from which elected. When a vacancy occurs in the office of constable, the chief deputy or appointed person by the governing authority shall assume such position and duties and serve for the remainder of the unexpired term, when the unexpired term is one year or less.
Tracy McCartney
Constable, LaSalle Parish
1221 LA Street
Jena, LA 71342
Date Received:
Date Released: December 29, 2006
LaTonya L. Ozene
Assistant Attorney General
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