Could a Louisiana justice of the peace also work full time as a town police officer?
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This page answers the general question as of 2015. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
In 2015, the Louisiana Attorney General said the dual-officeholding law did not prohibit a Caddo Parish justice of the peace from also working full time as a Town of Blanchard police officer. The justice of the peace court and town were separate political subdivisions, and the police job was employment rather than an appointed office. The AG noted that prior opinions had said a town police officer could not also hold the judicial office unless the Judiciary Commission approved. It suggested contacting the Commission about whether the two positions would violate the Code of Judicial Conduct.
Currency note
This opinion was issued in 2015. 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
Q: Did dual-officeholding law itself bar the justice of the peace from a full-time town police job? A: The AG said no. The elected judicial office and the town police employment were in different political subdivisions, which mattered to the provision it applied.
Q: Did that mean the official could hold both positions without further review? A: No. The opinion said justices of the peace were governed by the Code of Judicial Conduct and suggested contacting the Judiciary Commission about whether holding both positions would violate its canons. It cited earlier AG opinions that discussed Commission approval.
Q: Was the Blanchard police job treated as an appointed office? A: No. The AG classified it as full-time local employment, while the justice of the peace position was elected office.
Background and statutory framework
The inquiry came from the justice of the peace for Ward 3 in Caddo Parish. The AG classified the two positions under the dual-officeholding law, including La. R.S. 13:2582's election rule for justices of the peace. It also said the town's police position was outside the fire and police civil service restriction it discussed, based on the population then reported for Blanchard.
Citations and references
- La. R.S. 13:2582, election of justices of the peace.
- La. R.S. 42:61 et seq., dual-officeholding and dual-employment law.
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/15-0009
Original opinion text
~tlIt.e of 1!IauisilInlI
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70B04-9005
JAMES D. "BUDDY" CALDWEll
AnORNEY GENERAL
April 13, 2015
OPINION 15-0009
57 JUSTICES OF THE PEACE
Honorable Brian K. Anderson 78 OFFICERS-Dual Officeholding
107 SHERIFFS - Constables & Marshals Justice of the Peace
Ward 3, Caddo Parish
La. R.S. 13:2582; La. R.S. 42:61 el seq.
P.O. Box 1394
The provisions of the Dual Officeholding and Dual
Blanchard, Louisiana 71009
Employment Lawdo notprohibit a fuJI-time police officer from
simultaneously holding the elective office as a justice of the peace. However, because an elected justice of the peace is governed by the Code of Judicial Conduct, the Judiciary Commission should be consulted for resolution of the issue.
Dear Mr. Anderson:
You have requested an opinion of the Attorney General wherein you ask if a justice of the peace may also work as a full-time police officer for the Town of Blanchard.
The provisions of the Dual Office holding 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. Classifying the correct nature of the positions held is essential for the purposes of applying the dual officeholding provisions.
Based on the information you provided, your position as a police officer for the Town of Blanchard is classified as full-time" local employment." A justice of the peace "shall be elected at the congressional election for terms of six years by the qualified voters within the territorial limits of their jurisdiction" pursuant to La. R.S. 13:2582(B). Under La. R.S.
42:62(9), a justice of the peace court is defined as a "political subdivision" for purposes of the dual officeholding provisions' Thus, a justice of the peace holds elected office in
The dual officeholding law defines "full-time" 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. R.S. 42:62(4).
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, in which a person is an employee of the state government or of a political subdivision. La. R.S. 42:62(3). This office has previously observed that for purposes of the Dual Officeholding Law, a municipal policer officer is considered to hold a position that is not one which is "specifically established or authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof ... , and consequently is not an appointive office, but instead shouid be considered a position of employment. See La. Atty. Gen. Op. No. 94-46.
3 La. R.S. 42:62(9) provides:
"Political subdivision" means 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 court, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors,
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OPINION 15-0009
Honorable Brian K. Anderson
Page No.2
the political subdivision of the justice of the peace ward or district court from which he is elected.
The most applicable section of the Dual Officeholding and Dual Employment Law to your situation is La. R.S. 42:63(0), which provides in pertinent part:
No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof. No such person shall hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office....
While La. R.S. 42:63(0) prohibits an elected official from holding employment in the same political subdivision of the state, the statute does not prohibit one from holding an elected office and employment in separate political subdivisions of the state. For this reason, it is the opinion of this office that La. R.S. 42:63(0) does not prohibit you from holding full-time employment as a municipal police officer while holding the local elective office of justice of the peace because the offices are held in different political subdivisions.
We also point out that the position of police officer in the Town of Blanchard is not subject to civil service rules and restrictions prohibiting a classified police officer from running for political office. The provisions of La. R.S. 33:2531 et seq. establish fire and police civil service for those municipalities which have a population of not less than seven thousand and not more than thirteen thousand, making these provisions inapplicable to the Town of Blanchard, which had a population of 2899 according to the 2010 Census."
Please be advised that justices of the peace are governed by the Code of judicial Conduct, which is within the authority of the Judiciary Commission. As observed by this office in La. Atty. Gen. Op. Nos. 94-619 and 90-604, a town police officer may not concurrently hold office of the justice of the peace unless approved by the Judiciary Commission of the Supreme Court. Therefore, 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.
registrars of voters, and all other elected parochial officials shall be separate political subdivisions.
4
Retrieved January 29, 2015 from http://censusviewer.com/city/LAIBlanchard.
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OPINION 15-0009
Honorable Brian K. Anderson
Page No.3
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: rrUOV
ErinC.Day r. Uj}" A/ _
Assistant Attorney General
JDC:ECD
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