Could a Slidell city court law clerk serve as an ad hoc or pro tempore judge in that court?

Plain-English summary

The Slidell city court judge asked whether his law clerk and staff attorney could be appointed to sit temporarily as a judge. The AG said no. It treated the staff attorney as holding a position in local government because the City Court was part of that government, and cited a Louisiana Supreme Court rule making a person with elective or appointed public office or employment ineligible for appointment as an ad hoc or pro tempore judge.

The judge also asked whether the attorney would need to live within the court's jurisdiction. The AG did not decide residency because the appointment itself was unavailable on the facts presented.

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 court's own staff attorney act as its pro tempore judge?

The AG said no under the Supreme Court rule it reviewed, because the staff attorney held a local-government court position.

Did it matter that the judge personally hired the law clerk?

The AG rejected the idea that this removed the position from local government. It treated the attorney as an employee of the City Court of Slidell.

Did the AG say where a temporary judge had to reside?

No. It called that question moot after deciding the staff attorney was ineligible for appointment.

Background and statutory framework

The opinion applied Louisiana Supreme Court General Administrative Rule Part G, Section 5 and its qualification form. It described the rule's sequence of seeking a sitting or retired judge, then an approved attorney if none was available, and its prohibition on appointing current public officeholders or employees.

Citations

• Louisiana Supreme Court General Administrative Rule Part G, Section 5 (temporary judicial appointment rule discussed).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0082

Original opinion text

May 25, 2006
OPINION NO. 06-0082

56- JUDGES
Honorable James “Jim” Lamz, Judge
Louisiana Supreme Court General
City Court of Slidell
Administrative Rule Part G, Section A
501 Bouscaren Street
A law clerk and staff attorney holds appointive
Slidell, Louisiana 70459
office in local government and is prohibited from
being appointed to serve as an ad hoc or pro
Dear Judge Lamz: tempore judge.

Your request for an Attorney General’s opinion has been forwarded to me for research and reply.

Specifically, you ask if the law clerk and staff attorney for the City Court of Slidell can be appointed as a judge pro tempore to the City Court of Slidell. You also state, “Technically, the staff attorney is not an employee of the local government but is hired by the Judge of the city court as a law clerk.” You also ask if the staff attorney is appointed as pro tempore judge, is he required to reside in the jurisdiction of the court?

In answer to your first question, we refer you to Louisiana Supreme Court General Administrative Rule Part G, Section 5, and Attachment A which is designated as Qualification Form For Appointment As Judge Ad Hoc Or Pro Tempore (Qualification Form).

Sections 5(b) and(c) of Part G state that every city court which wishes to have the Supreme Court appoint an ad hoc or pro tempore judge must first make a diligent effort to secure the services of a retired or sitting judge as a temporary replacement. If no retired or sitting judge is available, the judge may appoint an attorney from a list of attorneys who have been approved by the Supreme Court. According to Section 5(g), no person holding elective or appointed office or employment in state or local government shall be eligible for appointment as a judge ad hoc or pro tempore.

It is the opinion of this office that the law clerk and staff attorney of the City Court of Slidell is holding appointive office in the local government of the City of Slidell. He is an employee of the City Court of Slidell which is part of the local government. As such, Rule G, Section 5 and the Qualification Form specifically prohibit this person from being approved to serve as an ad hoc or pro tempore judge.

Page 2

Honorable James “Jim” Lamz, Judge
OPINION NO. 06-0082
Page 2

Because of our answer to your first question we believe your second question is moot since a staff attorney cannot be appointed as pro tempore judge.

We trust your questions have been answered. However, if you should need anything further 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. 06-0082

56 - JUDGES

Louisiana Supreme Court General
Administrative Rule Part G, Section A

A law clerk and staff attorney holds appointive office in local government and is prohibited from being appointed to serve as an ad hoc or pro tempore judge.

Honorable James “Jim” Lamz, Judge
City Court of Slidell
501 Bouscaren Street
Slidell, Louisiana 70459

Date Received: 03.22.06
Date Released: May 25, 2006

FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL