Did Concordia Parish have to keep paying a justice of the peace during an interim judicial disqualification?

Plain-English summary

Concordia Parish's police jury asked whether it had to keep paying a justice of the peace whom the Louisiana Supreme Court had disqualified from judicial work while disciplinary proceedings were pending. The AG declined to decide the payment obligation. It said the supreme court should answer because that court imposed the interim disqualification and had not resolved whether pay was mandatory in these circumstances.

The opinion distinguished disciplinary suspension, which Rule XXIII allowed with or without salary, from the interim disqualification in this case. A rule for interim disqualification by consent allowed a supreme-court order with or without pay, but the justice of the peace here had been disqualified following a Judiciary Commission recommendation, not by consent. The AG mentioned a practice of continued pay during interim disqualification, but expressly said the existence of a legal requirement remained unanswered.

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

Did the AG require Concordia Parish to continue the justice's salary?

No ruling was made. The AG said it could not answer whether continued pay was mandatory and directed the question to the Louisiana Supreme Court.

Did the rule for interim disqualification by consent control this case?

The AG used it only for guidance. This justice was disqualified after a commission recommendation, whereas the cited pay language addressed disqualification by consent.

Was continued pay described as a practice?

Yes. The opinion reported that judges usually continued to receive salaries during interim disqualification, based on an example and information from court and commission employees. It did not treat that practice as an answer to the legal-duty question.

Background and statutory framework

Louisiana Supreme Court Rule XXIII governed the Judiciary Commission. The opinion discussed Section 2(e), which permitted disciplinary suspension with or without salary, and Section 27(g), which allowed the court to order interim disqualification by consent with or without pay. Neither supplied a definitive answer for a nonconsensual interim disqualification on the facts presented.

Citations

• Supreme Court of Louisiana Rule XXIII, Section 2(e) (disciplinary options).
• Supreme Court of Louisiana Rule XXIII, Section 27(g) (interim disqualification by consent).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0021

Original opinion text

October 20, 2006
OPINION NO. 06-0021

                                  57      -       JUSTICES OF THE PEACE
                                  89      -       POLICE JURIES – LIABILITIES &

Russell Wagoner, Secretary
DISABILITIES OF MEMBERS
Concordia Parish Police Jury
Supreme Court of Louisiana Rule XXIII, Section 2(e)
4001 Carter Street, Room 1
Supreme Court of Louisiana Rule XXIII, Section 27(g)
Vidalia, Louisiana 71373
The question of whether a justice of the peace who has been
suspended on an interim basis must continue to be paid is a question that should be answered by the Louisiana Supreme
Dear Mr. Wagoner: Court.

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask if your parish police jury must continue paying a justice of the peace although he is disqualified by the Louisiana Supreme Court from exercising any judicial function during the pendency of proceedings before the Judiciary Commission, Louisiana Supreme Court and/or other courts.

Supreme Court of Louisiana Rule XXIII sets out the rules for the Judiciary Commission. This commission investigates complaints about judges, magistrates, justices of the peace and mayors who perform judicial functions.

According to Rule XXIII, Section 2(e), discipline which may be imposed includes a number of actions, including suspension with or without salary. Section 27 of Rule XXIII deals with interim disqualifications, but does not discuss whether a judge (or justice of the peace) should continue to receive a salary during the time he is disqualified. In fact, only Section 27(g), which discusses interim disqualification by consent, states that the Supreme Court may enter an order “with or without pay, pending final disposition of judicial disciplinary proceedings.” It does not give a definitive answer on whether the judge should continue to be paid or not since the justice of the peace from your parish was disqualified on an interim basis by the Supreme Court following a recommendation of the Judiciary Commission, and not by consent. Section 27(g) can only be used for guidance in your situation. We are not aware of any other rule which is more specific. Also, we are not aware that the Supreme Court has formally addressed this issue.

It appears that usually judges who are disqualified on an interim basis continue to receive a salary. Most recently, Judge Allan Green, who was later permanently removed from the bench, continued to be paid during the time his case was pending. According to employees of the Supreme Court and the Judiciary Commission, it has been the practice to continue to pay judges who are on interim disqualification.

Page 2

Russell Wagoner, Secretary
OPINION NO. 06-0021
Page 2

Whether or not this is mandatory is an issue which has not been answered by the Louisiana Supreme Court and cannot be answered in this opinion. We suggest that since the justice of the peace was placed on interim disqualification by the Louisiana Supreme Court, your question should be answered by the Louisiana Supreme Court.

I trust this sufficiently answers your question, however, if you should need anything else from this office do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: __________
FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL

CCF,Jr:FJP:sc

Page 3

OPINION NO. 06-0021

57 - JUSTICES OF THE PEACE
89 - POLICE JURIES – LIABILITIES & DISABILITIES OF MEMBERS

Supreme Court of Louisiana Rule XXIII, Section 2(e)
Supreme Court of Louisiana Rule XXIII, Section 27(g)

The question of whether a justice of the peace who has been suspended on an interim basis must continue to be paid is a question that should be answered by the Louisiana Supreme Court.

Russell Wagoner, Secretary
Concordia Parish Police Jury
4001 Carter Street, Room 1
Vidalia, Louisiana 71373

Date Received: 01.27.06
Date Released: October 20, 2006

FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL