Could a part-time assistant district attorney also serve as Coushatta's city attorney?

Plain-English summary

A part-time assistant district attorney for the 39th Judicial District asked whether he could continue work as Coushatta's city attorney through his private practice. The 2013 opinion gave two routes under the dual-officeholding law. If the city relationship was contractual, the AG found no prohibition on providing contract legal services. If it was city employment, the AG treated it as part-time local employment and said a part-time local appointive position and part-time local employment in separate political subdivisions were permissible.

The opinion expressly limited its review to dual-officeholding provisions. It classified the assistant district attorney role as a part-time appointive office on the facts supplied.

Currency note

This opinion was issued in 2013. 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.

Historical summary

Assistant district attorney

The AG's conclusion depended on the requester's part-time ADA role and the described city arrangement. It distinguished contract services from salaried or per-diem public employment for this analysis.

Coushatta officials

The opinion treated the city and the district attorney's office as separate political subdivisions. For the potential employment arrangement, that separation and both roles' part-time status supported the conclusion.

Common questions

Did a city legal-services contract count as a second public job?

The AG said a contractual position with Coushatta would not invoke the dual-officeholding restrictions and found no prohibition on the ADA providing contract legal services.

What if the city hired the ADA as an employee?

For the part-time job described, the AG said the ADA's part-time appointive office could coexist with part-time city employment in separate political subdivisions.

Did the opinion address every rule governing the ADA's private practice?

No. It expressly limited its state-law review to the dual-officeholding provisions.

Background and statutory framework

The opinion cited La. R.S. 42:62(9) for separate political-subdivision status, La. R.S. 42:62(3) for employment, and La. R.S. 42:62(5) for part-time work. It relied on La. Const. art. V, § 26(A) to classify the assistant district attorney as an appointive office.

Citations

• La. R.S. 42:61: dual-officeholding law discussed by the AG.
• La. R.S. 42:62(9): political-subdivision definition.
• La. R.S. 42:62(3) and (5): employment and part-time definitions.
• La. Const. art. V, § 26(A): selection of assistant district attorneys.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0028

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

                                            ~ta:te of lliouisia:na:
                                               DEPARTMENT OF JUSTICE
                                                    P.O. BOX 94005
                                                    BATON ROUGE

JAMES D. "BUDDY" CALDWEll
70804-9005
ATIORNEY GENERAL

                                                   MAR 122013
                                               OPINION 13-0028

                                                      22        DISTRICT & PROSECUTING ATTORNEYS
    Mr. Luke Mitchell                                 78        DUAL OFFICEHOLDING
    713 E. Carroll
    P.O. Box 1350                                     La. Const. art. V, § 26(A)     La. R.S. 42:61, et seq.

    Coushatta, Louisiana 71019                        The provisions of the Dual Officeholding and Dual Employment Law
                                                      do not prohibit a part time assistant district attorney from working as
                                                      the city attorney through his private practice.
    Dear Mr. Mitchell:

    You have requested an opinion of the Attorney General as to whether you, an Assistant
    District Attorney for the 39th Judicial District, can also continue your private practice
    work as the City of Coushatta's Attorney.

    The provisions of the Dual Officeholding and Dual Employment Law, found at La. R.S.
    42:61 et seq., govern questions concerning the ability to hold two or more public offices
    and/or positions simultaneously. Note first that the municipality of Coushatta and the
    office of the district attorney are considered separate political subdivisions of the state
    as defined by La. R.S. 42:62(9). 1

    If the position with the City of Coushatta is contractual,2 the dual officeholding and dual
    employment provisions would not be affected. See La. Atty. Gen Op. No. 03-0428. We
    find the law does not prohibit an assistant district attorney from providing contract legal
    services to the city government.

    On the other hand, if the position you seek to hold with the City of Coushatta is actual
    employment it would invoke the Dual Officeholding and Dual Employment provisions.
    Such a position would be characterized as part time local employment. 3 .




             The dual officeholding law defines "political subdivision" as a parish, municipality, and any other
    unit of local government, including a school board and a special district, authorized by law to perform
    governmental functions. In addition for the purposes of this Part, mayor's courts, justice of the peace
    courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all
    other elected parochial officials shall be separate political subdivisions. La. R.S. 42:62(9).
    2        The dual officeholding law defines "employment" as any job compensated on a salary or per diem
    basis, other than an elective or appointive office or employment, in which a person is an employee of
    state government or of a political subdivision thereof. La. R.S. 42:62(3).
    3        The dual officeholding law defines "part time" as the period of time which a person normally
    works or is expected to work in. an appointive. office or employment which is less than the number of
    hours of work defined in this Section as full time. La. R.S. 42:62(5).

Page 2

OPINION 13-0028
Mr. Mitchell
Page No.2

As to your position as assistant district attorney, it is an "appointive office,4 for purposes of a dual officeholding analysis because the position is established by both constitutional provision and is appointed by the district attorney. See La. Const. Art. V,
. § 26(A), providing that "a district attorney may select assistants as authorized by law." Further, based on the information you provided this position is part time.

The Dual Officeholding and Dual Employment provisions do not prohibit a person from holding a part time local appointive position and part time local employment in separate political subdivisions. Therefore, it is permissible for you to work for the City of Coushatta while serving as an Assistant District Attorney for the 39 th JUdicial District.

Please note that our expressed opinion relative to state law is limited to an examination of the dual officeholding provisions. We hope that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATTORNEY GENERAL

BY~tM:lb fiP 4vnJil ssica MP Thornhill
Assistant Attorney General
JDC: JMPT

The dual officeholding law defines "appointive office" as any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission, or department which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and which is filled by appointment or election by an elected or appointed pUblic official or by a governmental body composed of such officials of this state or of a political sUbdivision thereof. La. R.S. 42:62(2).