Could a nonlawyer mayor pro tempore preside over a Louisiana mayor's court with the mayor's consent?

Plain-English summary

The Allen Parish district attorney asked whether a Lawrason Act town's mayor pro tempore could preside over mayor's court with the mayor's written consent. The proposed substitute was not a lawyer. In October 2017, the Attorney General concluded that the nonlawyer mayor pro tempore could not preside.

The AG treated the statute governing mayor's-court substitutes as more specific than the general mayor-pro-tempore provisions. Under that statute, the board of aldermen could, at the mayor's request, appoint one or more attorneys as court magistrates. The mayor could then designate one of those magistrates to preside in the mayor's stead.

Currency note

This opinion was issued in 2017. 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 mayor's written consent let a nonlawyer mayor pro tempore preside?

No. The opinion said the specific mayor's-court statute restricted the mayor pro tempore or any other nonattorney from presiding.

Who could appoint a substitute magistrate?

The AG quoted the statute giving the board of aldermen discretion to appoint one or more attorneys upon the mayor's request.

Who designated an appointed magistrate to sit for the mayor?

The statute quoted in the opinion allowed the mayor to designate an appointed magistrate to serve in the mayor's stead.

Background and statutory framework

The request compared the mayor pro tempore's general duties with the specific provision for a magistrate presiding over mayor's court. The AG applied the rule that a more specific statute governs the issue it addresses and concluded that the attorney-magistrate provision controlled.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/17-0092

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
P.O. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Attorney General
October 4, 2017
OPINION 17-0092

71 MUNICIPALITIES
Mr. H. Todd Nesom
77 OFFICERS - Local & Municipal; Selection,
District Attorney of Allen Parish
Qualifications & Tenure; vacancies
Post Office Box 839
La. R.S. 33:405(A)
Oberlin, LA 70655
La. R.S. 33:441(B)

The mayor pro tempore may not preside over the mayor’s court.
The magistrate presiding over a mayor’s court in the mayor’s absence must be an attorney. The board of aldermen may, upon request of the mayor, appoint one or more attorneys to preside
Dear Mr. Nesom: over the mayor’s court.

Our office received your request for an opinion as to whether a mayor pro tempore of a Lawrason Act municipality may preside over Mayor’s Court with the written consent of the mayor. Furthermore, you clarified that the mayor pro tempore is not a lawyer. Thus, it is our understanding that you request guidance as to whether a non-attorney appointee may preside over a mayor’s court.

In your request, you direct our attention to La. R.S. 33:405(A)(3)-(6), which detail the functions, duties, and powers of the mayor pro tempore. However, La. R.S.
33:441(B)(1) specifically addresses this issue and provides for the designation of a court magistrate to preside over the mayor’s court in the mayor’s stead. The provision states:

Notwithstanding any other provision of law to the contrary, the board of aldermen in its discretion may, upon request of the mayor, appoint one or more attorneys who shall be designated as court magistrate and who shall serve at the pleasure of the mayor and may from time to time be designated by the mayor to serve in his stead as the presiding official over the mayor’s court. Whenever a magistrate is so designated by the mayor to preside over the mayor’s court, he shall exercise the powers and authority of the mayor over said court. The board of aldermen shall fix and pay the salary of each magistrate, if any are appointed.

Under this provision, it is the board of aldermen who are given the authority to appoint a court magistrate, who is required to be an attorney. See La. Atty. Gen. Op. No. 97-94.

"If two statutes are in conflict, the one more specifically directed to the matter at issue prevails as an exception to the statute that is more general in character." Goldking Properties v. Primeaux, 477 So. 2d 76, 79 (La. 1985). Thus, the provisions of La. R.S.
33:441(B)(1) apply and prevail over the more general provision of La. R.S. 33:405(A), and restrict the mayor pro tempore or any other non-attorney from presiding over a mayor’s court.

Page 2

OPINION 17-0092
Mr. H. Todd Nesom
Page No. 2

We hope this sufficiently answers your inquiry; however, if we may be of further
assistance, please do not hesitate to contact our office.

With best regards,

JEFF LANDRY
ATTORNEY GENERAL

BY:
Luke Donovan
Assistant Attorney General