Can a Louisiana justice of the peace contract to operate an auto title company for the state?

Plain-English summary

A justice of the peace asked whether she could contract with Louisiana's Department of Public Safety and Corrections to become an auto title company. The Attorney General said the dual-officeholding statutes did not bar an independent-contractor arrangement. Those provisions applied to offices and employment, not independent contractors, as the AG read them.

That was only a partial answer. The justice remained subject to the Judicial Code of Conduct, and the AG directed her to consult the Judiciary Commission for a final determination on the proposed contract's legality.

Currency note

This opinion was issued in 2006. Later changes to dual-officeholding law, judicial conduct rules, court decisions, or AG opinions may have changed the analysis. Obtain current guidance before signing a contract.

What this means for you

Justices of the peace considering outside contracts

Confirm whether the proposed role is truly an independent contract, then ask the Judiciary Commission about judicial-conduct limits. The AG's dual-officeholding answer did not grant a complete ethics clearance for the title-company arrangement.

State contract managers

Do not treat this opinion as a final approval of a justice's proposed contract. It resolved only the dual-officeholding question and explicitly referred judicial conduct to the body responsible for that issue.

Common questions

Did the dual-officeholding statute prohibit the proposed contract?

No. The AG said R.S. 42:63 did not apply to independent contractors and therefore did not prohibit the arrangement under those provisions.

Did the AG decide the contract was fully legal?

No. The opinion said the justice was governed by the Judicial Code of Conduct and needed a final determination from the Judiciary Commission.

Would an employee job receive the same answer?

The opinion addressed an independent contract. It did not analyze a position classified as public employment, so its conclusion cannot be carried over without a separate review.

Background and statutory framework

R.S. 42:61, et seq. comprised the dual-officeholding and dual-employment rules discussed by the AG. The office read R.S. 42:63 as inapplicable to independent contractors and confined its conclusion to that law. It then identified the Judicial Code of Conduct as the remaining authority governing the justice's outside work.

Citations

• R.S. 42:63 (dual-officeholding prohibitions).
• R.S. 42:61, et seq. (the dual-officeholding framework).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0213

Original opinion text

August 28, 2006
OPINION 06-0213

78 DUAL OFFICEHOLDING
Ms. Melva Cavanaugh
Justice of the Peace R.S. 42:63; R.S. 42:61, et seq. 12590 A Perkins Road Contract between justice of the peace and Louisiana Department of Baton Rouge, LA 70810 Public Safety and Corrections is not governed by dual officeholding
provisions. Judiciary commission must be consulted for a final Dear Ms. Cavanaugh: determination regarding legality of proposed contract.

You have asked this office to advise you whether a justice of the peace may also contract with the Louisiana Department of Public Safety and Corrections to become an auto title company.

Note that the prohibitions of R.S. 42:63 of the Louisiana Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., do not apply to independent contractors. Thus, the dual officeholding provisions do not prohibit this arrangement. However, in your capacity as justice of the peace, you are governed by the Judicial Code of Conduct. Thus, for a final determination you must consult the Judiciary Commission, Mr. Hugh M. Collins, 400 Royal Street, Suite 1190, New Orleans, LA, 70130, Phone, 504-310-2550.

Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 2

OPINION 06-0213

78 DUAL OFFICEHOLDING

R.S. 42:63; R.S. 42:61, et seq.

Contract between justice of the peace and Louisiana Department of Public Safety and Corrections is not governed by dual officeholding provisions. Judiciary commission must be consulted for a final determination regarding legality of proposed contract.

Ms. Melva Cavanaugh
Justice of the Peace
12590 A Perkins Road
Baton Rouge, LA 70810

Date Received:
Date Released: August 28, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL