Could a Winn Parish police juror run for Winnfield police chief without resigning?

Plain-English summary

A member of the Winn Parish Police Jury planned to run for elected chief of police in Winnfield. The AG distinguished running for office from holding two offices. The dual-officeholding law did not bar the juror from running while still serving. If he won, the AG said he had to resign as police juror because the law barred simultaneous service in the two elective offices.

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 police juror have to resign before becoming a candidate for chief?

No. The AG said no law prohibited him from running for another office while he remained a juror.

Could he serve as police juror and elected police chief together?

No. The AG applied the prohibition on holding two elective offices simultaneously and said election as chief required resignation from the jury.

Background and statutory framework

The opinion cited R.S. 42:63(C) and quoted R.S. 42:63(D) from the Dual Officeholding and Dual Employment Laws. Its question concerned one sitting police juror's candidacy for one elected city police-chief office.

Citations

• R.S. 42:63(C) and R.S. 42:63(D) (simultaneous elective-office bar discussed).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0042

Original opinion text

April 20, 2006
OPINION 06-0042

78 Officers – Dual Officeholding
Mr. James E. Lewis
R.S. 42:63(D)
Felony Prosecutor
Although police juror may run for the office of elected
chief of police, he may not hold both offices Winn Parish District Attorney’s Office concurrently. P. O. Box 1374 Winnfield, LA 71483

Dear Mr. Lewis:

You have advised this office that a current member of the Winn Parish Police Jury intends to run for the elected office of Chief of Police for the City of Winnfield. You ask (1) if he need resign from office as police juror while running for the second office, and (2) if elected, if he may hold both positions.

There is no prohibition in the law which would prevent him from running for another office. However, the language of R.S. 42:63(C) of the Dual Officeholding and Dual Employment Laws prohibits one from holding two elective offices simultaneously. R.S. 42:63(D) states, in pertinent part:

D. No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof….(Emphasis added).

Thus, if he is elected to the office of chief of police, the law compels him to resign the office of police juror.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 2

OPINION 06-0042

78 Officers – Dual Officeholding

R.S. 42:63(D)

Although police juror may run for the office of elected chief of police, he may not hold both offices concurrently.

Mr. James E. Lewis
Felony Prosecutor
Winn Parish District Attorney’s Office
P. O. Box 1374
Winnfield, LA 71483

Date Received:
Date Released: April 20, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL