Can a Louisiana town's contract attorney also serve as a part-time assistant district attorney?

Plain-English summary

Christopher Huddleston served as Lockport's town attorney and mayor's court prosecutor under an employment contract. He asked whether he could also serve as a part-time assistant district attorney for the 17th Judicial District. The Louisiana Attorney General concluded that the state's Dual Officeholding and Dual Employment Law did not prohibit the combination.

The opinion's decisive point was how it classified the Lockport role. It followed prior AG opinions treating a contractual legal services arrangement as outside the law's definition of public “employment,” which refers to a job compensated on a salary or per diem basis. That classification meant the dual officeholding prohibition did not apply to the town contract. The office did not decide civil service or ethics code issues.

What this means for you

Municipal contract attorneys

For the Lockport arrangement described, the opinion treats the legal services contract as a contract rather than public employment under the dual officeholding statute. Its answer depends on that classification, not on a general exemption for all town attorneys.

District attorney offices

The AG found no dual officeholding bar to this contract attorney's part-time assistant district attorney service. It expressly did not evaluate separate civil service or ethics restrictions.

Common questions

Q: Can Lockport's contract attorney be a part-time assistant district attorney?
A: The AG said the dual officeholding law did not prohibit the combination described in the request.

Q: Why did the town contract not count as a second public job?
A: The opinion applied prior interpretations of La. R.S. 42:62(3), which defines employment as a salary or per diem job, and treated the legal services contract differently.

Q: Did the opinion clear every possible conflict of interest?
A: No. It expressly left Louisiana ethics code and civil service questions outside its answer.

Background and statutory framework

Louisiana's Dual Officeholding and Dual Employment Law governs simultaneous public offices and positions. The opinion used La. R.S. 42:62(3)'s definition of public employment to distinguish Huddleston's contract with Lockport from a salaried or per diem town job. That distinction resolved the narrow statutory question.

Citations and references

• La. R.S. 42:62(3), the definition of employment used in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0107

Original opinion text

STATE OF LOUISIANA
DEPARmIENT OF JusTicE
OFFICE OF THE ArroRNE\ GENEicL
P.O. Box 94005
BAToN ROuGE, LÀ
70804-9005

Liz MuRRILL
ATTORNEY GENER.-’L
September 26, 2024
OPINION 24-0107

78 Dual Officeholding
M r. Oh ristopher J H uddleston
.

    71 0 Church Street, Ste. C                           La. R.S. 42:61, etseq.                La. R.S. 33:321, etseq.

Lockport, LA 70374
The provisions of the Dual Officeholding and Dual
Employment Law do not prohibit a contract employee of the Town of Lockport from serving as a part-time Assistant District Attorney for the 17th Judicial District.
Dear Mr. Huddleston:

Our office received your request for an opinion regarding whether a contract attorney of the Town of Lockport may serve as a part time Assistant District Attorney for the 1 7th Judicial District.

QUESTION: Whether a contract attorney of the Town of Lockport may serve as a part-time Assistant District Attorney for the 17th Judicial District.

CONCLUSION: The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a contract attorney of the Town of Lockport from serving as a part-time Assistant District Attorney for the 17th Judicial District.

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. Classifying the correct nature of the positions held is essential for the purposes of applying the Dual Officeholding and Dual Employment Law.

The Town of Lockport operates under, and is governed by, the provisions of the Lawrason Act.1 According to the additional information provided to this office by Ms.
Mandy Himel, Town Clerk, and confirmed by you, you serve as the Town Attorney and prosecutor in the Mayor’s Court through an employment contract.

Our office has consistently opined that the provisions of the Dual Officeholding and Dual Employment Law are not applicable where an individual enters into an employment contract, because a contract is not considered a job compensated on a salary or per diem basis and does not constitute “employment” as defined by La. R.S. 42:62(3).2 The

1La. R.S. 33:321, etseq.
2 La.Atty. Gen. Op. Nos. 22-0007, 20-0040, 19-0021, 18-0177, 18-0076, 18-0032 17-0111, 17-0046, 17- 0002, 16-0190, 16-0189, 13-0028,12-0241, 08-0296, 07-0218, 06-021 3, 02-0342, 96-359, 95-391, 92-43, 90-578 and 80-41 3.

Page 2

OPINION 24-0107
Mr. Christopher J. Huddleston
Page 2

provisions of the Dual Officeholding and Dual Employment Law do not apply to you as a contract employee of the Town of Lockport.

Based on the applicable provisions of law, our prior opinions, and the information you have provided, it is the opinion of this office that the provisions of the Dual Officeholding and Dual Employment Law do not prohibit a contract employee of the Town of Lockport from serving as a part-time Assistant District Attorney for the I 7th Judicial District.

Please note that our expressed opinion relative to state law is limited to an examination of the Dual Officeholding and Dual Employment provisions. It does not address the potential applicability of the State of Louisiana civil service laws, rules and regulations. Further, it does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42:1111, et seq. Advisory rulings addressing questions under the Ethics Code are within the jurisdiction of the Louisiana State Board of Ethics. The Board may be contacted at the following address: P.O. Box 4368, Baton Rouge, LA 70821, phone: 225-219-5600.

We hope that this opinion adequately addresses 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,

LIZ MURRILL
ATTORNEY GENERAL

BY:_______
Madeline S. Carbonette
Assistant Attorney General

LM: MSC