Could a Louisiana deputy sheriff campaign for justice of the peace without taking leave?

Plain-English summary

In 2014, the Louisiana Attorney General concluded that a St. John the Baptist Parish deputy sheriff could campaign for justice of the peace without resigning or taking a leave of absence. The sheriff's office had no civil-service system or personnel policy restricting that activity, and the AG identified no state law requiring leave for this unclassified employee. The deputy still had to perform his job and conduct campaign activity off duty.

The sheriff also asked whether the deputy could keep both positions if elected. The AG did not decide that issue. It directed the question about the Code of Judicial Conduct to the Judiciary Commission.

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

Did the deputy have to take leave just to run for office?

The AG said no under the office's stated circumstances: it had no civil-service system or personnel rule requiring leave, and the deputy remained responsible for his regular duties.

Could the deputy campaign while on duty?

No. The AG said campaign activity had to occur off duty and cited the ban on using public funds to urge votes for or against a candidate.

Could the deputy keep both jobs after becoming a justice of the peace?

The opinion did not answer that question. It referred the potential judicial-conduct issue to the Judiciary Commission.

Background and statutory framework

The sheriff asked about a deputy's candidacy and possible later simultaneous service. The AG addressed campaigning under La Const. art. XI, § 4 and La. R.S. 18:1465, while declining to resolve the judicial-conduct question.

Citations

• La Const. art. XI, § 4 (public-funds campaign prohibition).
• La. R.S. 18:1465 (parallel statutory prohibition).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/14-0110

Original opinion text

~tate of 1Uouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804·9005
JAMES D. "BUDDY" CALDWEll
ATTORNEY GENERAL

September 19,2014
OPINION 14-0110

57 JUSTICES OF THE PEACE
Honorable Mike Tregre 107 SHERIFFS· Constables & Marshals
Sheriff, St. John the Baptist Parish
La. Const. art. XI, § 4; La. R.S. 1B;1465
P.O. Box 1600
Absent a personnel policy or other rule prohibiting such act, a
LaPlace, Louisiana 70069
leave of absence from employment as deputy sheriff need
not be taken while running for political office as long as the individual fulfills hisjob duties and does not use official time
Dear Sheriff Tregre: forelection activities.

You have requested an opinion of the Attorney General in regards to a deputy sheriff seeking the office of justice of the peace. You ask whether the deputy sheriff may run for office of justice of the peace while continuing to serve as a deputy sheriff with the St.
John the Baptist Sheriffs Office. In the event the deputy sheriff is elected to the office of justice of the peace, you ask whether he may simultaneously serve as a deputy sheriff.

In response to your first question, we note that the St. John the Baptist Sheriff's Office has not elected to be governed by a civil service system. Additionally, your office does not have a personnel policy that regulates the rights of employees to engage in political activity. There is no state law requiring an unclassified employee to take a leave of absence from his employment in order to campaign. However, the law does require the employee conduct campaign activities during non-work hours. Campaign activities conducted while on-duty are a violation of La Const. art. XI, § 4, which states that "no public funds shall be used to urge any elector to vote for or against any candidate or proposition, or be appropriated to a candidate or political organization...." The language of this constitutional provision also appears in La. R.S. 18:1465, which imposes criminal penalties as follows:

A. No public funds shall be used to urge any elector to vote for or against any candidate or proposition, or be appropriated to a candidate or political organization. This provision shall not prohibit the use of public funds for dissemination of factual information relative to a proposition appearing on an election ballot.

B. Whoever violates any provision of this Section shall be fined not more than one thousand dollars or be imprisoned, with or without hard labor, for not more than two years, or both.

Page 2

OPINION 14.0110
Sheriff Mike Tregre
Page No.2

Based on the foregoing, it is the opinion of this office that a non-civil service deputy sheriff may run for the elected office of justice of the peace without taking a leave of absence from his job or resigning as long as he fulfills his job duties and does not use official time for election activities. As our office has addressed in previous opinions, any campaigning must occur when the candidate is ott-duty.'

As one office has addressed in previous opinions, any campaigning must occur when the candidate is off-duty. With regard to your second question, be advised that Justices of the Peace are governed by the Code of Judicial Conduct, which is within the authority of the Judiciary Commission. We suggest that you contact the Judiciary Commission, 601 St. Charles Avenue, New Orleans, LA 70130, phone (504) 568-8299, regarding your inquiry as to whether it would violate the Canons of the Code of Judicial Conduct to hold both positions at the same time.

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
ATIORNEY GENERAL

BY: Bz&7L (I ~
Erin C. Day
Assistant Attorney General

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See also La. Atty. Gen. Ops. No. 02·178, 96-236, 86-405, and 83-559.