Could a Louisiana sheriff keep a private law practice or earn income from a law partnership?

Plain-English summary

A sheriff's office major asked whether a lawyer elected sheriff could continue a private criminal or civil practice, or receive income from a practice in which the sheriff did not actively participate. The AG said Louisiana's dual-officeholding law did not answer those questions, because it addressed public offices and employment, while the proposed legal work was private.

The opinion noted a separate criminal-procedure restriction on defense work by prosecutors and assistant attorneys general, but identified no comparable sheriff prohibition there. It did not clear the arrangement under legal ethics or government ethics rules. It referred professional-conduct conflicts to the Louisiana State Bar Association's Ethics Advisory Service Committee and government-ethics issues to the State Board of Ethics.

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 dual-officeholding law forbid a sheriff's private practice?

The AG said that law was inapplicable because the work described was private, rather than public, employment. That conclusion did not resolve the separate ethics questions.

Did the AG approve passive income from a law partnership?

No. Passive partnership income was part of the question, but the AG referred possible conflicts under professional-conduct rules to the State Bar's advisory service rather than deciding them.

Did the opinion decide whether a sheriff could defend criminal cases?

No. It identified a criminal-procedure statute restricting defense work by district attorney and attorney general personnel, said it knew of no similar statutory prohibition for sheriffs, and left professional-conduct and government-ethics issues to the relevant bodies.

Background and statutory framework

The opinion distinguished public dual officeholding and employment under R.S. 42:61, et seq., from a privately operated law practice. It mentioned C.Cr.Pro. Art. 65 as a restriction on specified prosecutors' defense work, then declined to decide the ethical compatibility of the sheriff's office and law practice.

Citations

• R.S. 42:61, et seq. (dual officeholding and public employment law described as inapplicable).
• C.Cr.Pro. Art. 65 (restriction on defense work by specified prosecutors).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0126

Original opinion text

June 28, 2006
OPINION 06-0126

Mr. Chester Pritchett
107 Sheriffs
Major TPSO
R.S. 42:61, et seq

290 Fawn Run, Lot 1
The Ethics Advisory Service Committee of the Louisiana State Bar
Amite, LA 70422
Association is the proper entity to address conflicts of interest under the
Model Rules for Professional Conduct relative to lawyers also holding the elective office of sheriff.
Dear Mr. Pritchett:

You have asked this office to advise you whether a lawyer who is a partner or individual in private practice may serve as elected sheriff and still derive income from that criminal and civil practice (where he does not actively participate), or may a lawyer holding the elected office of sheriff continue any law practice?

This office routinely answers questions regarding the legality of holding two offices and/or employments under our state’s Dual Officeholding and Dual Employment Law, R.S. 42:61, et seq. However, the provisions of that law prove inapplicable here, as the lawyer here holds private, not public employment.

While C.Cr.Pro. Art. 65 provides that an assistant district attorney and an assistant attorney general may not defend any person charged with an offense in the parish, we are unaware of any other similar prohibition in law relative to the sheriff.1

However, for a ruling regarding the possible conflicts of interest under the Rules of Professional Conduct applicable to lawyers in this matter, we suggest you contact Mr. Richard P. Lemmler of the the Ethics Advisory Service Committee of the Louisiana State Bar Association, 601 St. Charles Avenue, New Orleans, LA 70130-3404, phone 1-800-421-5722.

1
LSA-C.Cr.P. Art. 65 states:

Art. 65. Defense of prosecution unlawful
It is unlawful for the following officers or their law partners to defend or assist in the defense of any person charged with an offense in any parish of the state: (1) Any district attorney or assistant district attorney; or (2) The attorney general or any assistant attorney general, provided that the provisions of this article shall not apply to the law partners of any assistant attorney general not employed to handle criminal matters for the attorney general, when any such law partner is judicially appointed to defend an indigent defendant.

Page 2

Mr. Chester Pritchett
OPINION 06-0126
Page 2

Further, for a ruling regarding any ethics issues presented under the Code of Governmental Ethics, please contact the Louisiana State Board of Ethics at 2415 Quail Drive, Baton Rouge, Louisiana, 70808, phone 225-763-8777.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 3

Mr. Chester Pritchett
OPINION 06-0126
Page 3

OPINION 06-0126

107 Sheriffs

R.S. 42:61, et seq

The Ethics Advisory Service Committee of the Louisiana State Bar Association is the proper entity to address conflicts of interest under the Model Rules for Professional Conduct relative to lawyers also holding the elective office of sheriff.

Mr. Chester Pritchett
Major TPSO
290 Fawn Run, Lot 1
Amite, LA 70422

Date Received:
Date Released: June 28, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL