Could a Louisiana juvenile probation officer also take a part-time drug court contract?

Plain-English summary

In 2014, the Louisiana Attorney General concluded that a juvenile probation officer could also perform part-time drug court compliance work through the professional services contract described in the request. The opinion treated the probation job as a full-time state appointive position, but the contract role did not meet the Dual Officeholding and Dual Employment Law's definition of public employment. It also found no indication that the contract role was an elective or appointive office.

The AG limited its answer to dual-officeholding law. It expressly left any Governmental Ethics Code question to the Louisiana State Board of Ethics.

Currency note

This opinion was issued in 2014. 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

Why did the second job not trigger a dual-employment prohibition?

The AG said the specific drug court role was contractual part-time work under a professional services contract. On those facts it was not the kind of salary or per diem public employment defined by the law.

Would the answer cover a regular court employee doing the same tasks?

The opinion did not decide that scenario. It depended on the request's characterization of the drug court compliance role as a professional services contract.

Did the AG clear the arrangement under ethics law?

No. It said ethical questions were for the State Board of Ethics and examined only the dual-officeholding provisions.

Background and statutory framework

An Office of Juvenile Justice requester asked whether one person could hold a juvenile probation position and a district court compliance role at the same time. The AG applied the Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., and its definition of employment in La. R.S. 42:62(3). Classification of the contract role controlled the answer.

Citations

• La. R.S. 42:61, et seq. (dual-officeholding and dual-employment law).
• La. R.S. 42:62(3) (employment definition).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0203

Original opinion text

~tat~ of 'lfiouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE

JAMES D. "BUDDY" CALDWELL
70804-9005
ATTORNEY GENERAL
JAN 16 2014
OPINION 13-0203

   Mr. Marston Fowler                                          78        DUAL OFFICEHOLDING

Office of Juvenile Justice
La. R.S. 42:61, et seq.
7919 Independence Blvd.
State Police Building
A juvenile probation officer is not prohibited from working
part time as a drug court compliance officer if that work is
Baton Rouge, Louisiana 70896
done through a professional service contract.

Dear Mr. Fowler:

Our office received your opinion request regarding whether a juvenile probation officer with the Office of Juvenile Justice may also serve as a district court compliance officer in the 15th JUdicial District.

Specifically, you have asked this office to render a legal opinion regarding whether the provisions of the Louisiana Dual Officeholding and Dual Employment Law, La. R.S.
42:61, et seq., would prohibit the holding of these positions concurrently. Classifying the correct nature of the positions is essential for the purposes of applying the dual officeholding provisions.

The position as a juvenile probation officer is considered a full time 1 state appointive position. 2 In contrast, this specific drug court compliance officer position would be characterized as contractual part time3 work according to the information you provided.
Our office has previous opined that if a position is with a public entity through a

Full time is defined as "the period of time which a person normally works or is expected to work in an appointive office or employment and which is at least seven hours per day of work and at least thirty­ five hours per week of work." La RS. 42:62(4).
2 Appointive office is defined 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).
3 Part time is de'fined as "the period of time which a person normally works or is expected to work in appointive office or employment which is less than the number of hours worked in this Section as full­ time." La. R.S. 42:62(5).

Page 2

OPINION 13-0203
Mr. Marston Fowler
Page 2

professional seNice contract, it would not meet the dual officeholding definition of employment. 4 See La. Atty. Gen. Op. Nos. 12-0241, 02-0436 and 96-0009. Since this position as a drug court compliance officer is contractual,5 there is no dual officeholding prohibition to hold both of these positions simultaneously.

As an aside, our expressed opinion relative to state law is limited to an examination of the dual officeholding provisions. Any ethical questions raised by this matter are within the jurisdiction of the Louisiana State Board of Ethics. The Board renders advisory opinions regarding the Louisiana Code of Governmental Ethics, La. R.S. 42:1111, et seq. The mailing address is P.O. Box 4368, Baton Rouge, Louisiana 70821, and phone number is 225-219-5600.

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."--"'i~~~~...:........LL---.J~~UlL.I..:;:..lL.-!.....-_ J. ssica MP Thornhill
Assistant Attorney General

JDC: JMPT

4 Employment is defined as "any job compensated on a salary or per diem basis, other than an elective or appointive office, in which a person is an employee of the state government or of a political subdivision thereof." La. R.S. 42:62(3). 5 There is no indication that this drug court compliance officer position falls within either the dual officeholding definitions of "elective office" or appointive office" as defined in La. R.S. 42:62.