LA La. Atty. Gen. Op. 24-0145 (February 27, 2025) 2025-02-27

Can a justice of the peace constable in one Louisiana parish also work as a part-time deputy sheriff in a different parish?

Short answer: Yes. The Louisiana Dual Officeholding and Dual Employment Law does not bar an elected constable from also holding a part-time appointive position in a different political subdivision. A Tangipahoa Parish constable and an Orleans Parish part-time deputy sheriff position are two different political subdivisions, so the combination is legal.

Disclaimer: This is an official Louisiana Attorney General opinion. AG opinions are advisory; they inform Louisiana officials but are not binding precedent like a court ruling. This summary is informational and is not legal advice. Anyone considering taking on a second public role should consult a Louisiana attorney about the specific facts.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original AG opinion (PDF)

Plain-English summary

Kevin Lewis asked the Louisiana AG whether the elected Constable of the Justice of the Peace Court for Tangipahoa Parish, Ward 8 could also work part time as a Deputy Sheriff in Orleans Parish. The AG said yes.

The answer turns on the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61 et seq., which the legislature enacted to implement La. Const. art. X, § 22. The statute classifies positions and limits the combinations a single person can hold.

Three classification questions matter here, and the AG worked through each:

Tangipahoa Parish vs. Orleans Parish. Under La. R.S. 42:62(9), each parish is its own political subdivision. Justice of the peace courts, sheriffs, and other elected parochial offices are also treated as separate political subdivisions. Tangipahoa and Orleans Parish are therefore two different political subdivisions.
The Constable position is elective. La. R.S. 42:62(1) defines "elective office" as a position filled by vote of the citizens. The Constable of the JP Court for Ward 8 is filled by election, so it is an "elective office."
The Deputy Sheriff position (working part time as a training instructor) is a "part-time appointive office." La. R.S. 42:62(2) defines "appointive office" as a position filled by appointment by an elected or appointed public official. La. R.S. 42:62(5) defines "part time" as work that is less than the threshold for full-time.

The operative limit is La. R.S. 42:63(D), which prohibits a person holding an elective office in a political subdivision from simultaneously holding (a) any other employment in the same political subdivision, or (b) any other elective office or full-time appointive office in a different political subdivision.

Notice what is missing from the list: a part-time appointive office in a different political subdivision. La. R.S. 42:63(D) does not prohibit that combination. The Constable holds an elective office in Tangipahoa Parish, and the deputy sheriff role is a part-time appointive office in a different political subdivision (Orleans Parish). The combination is allowed.

What this means for you

If you are an elected Louisiana constable or other local elected official considering side work for another parish's sheriff, district attorney, or other elected office. The Dual Officeholding Law does not bar all combinations. The structure to check is: (1) is the second job in the same political subdivision (problem) or a different one (room); (2) is it elective (more restrictive) or appointive; (3) if appointive, is it full time (problem) or part time (often allowed). Get the part-time status documented in writing in the appointing official's records. La. R.S. 42:62(5) defines part time as below the full-time threshold for that position.

If you are a sheriff hiring part-time deputies who hold elected office elsewhere. This opinion confirms you can hire a constable, justice of the peace, council member, or similar elected official from a different parish or municipality as a part-time deputy. Keep the hire formally classified as part time. Carefully manage potential conflicts on cases that touch the elected office's parish or duties.

If you are an elected official whose second job is in the same political subdivision. La. R.S. 42:63(D) is much stricter for same-subdivision combinations. The general rule is that any second employment in the same political subdivision is prohibited if you hold an elective office there. Do not assume an opinion that approves a cross-subdivision combination tells you anything about same-subdivision combinations.

If you are a citizen or watchdog reviewing a public official's dual roles. The cross-parish part-time exemption is real, but the dual-officeholding analysis depends on facts about how each role is classified. If a "part-time" appointment is structured to evade the rule (e.g., scheduled for the maximum part-time hours every week and paid the same as full-time staff), the AG and courts have authority to look behind the label. Ask for the appointment letter and the actual classification.

If you are a parish attorney advising on dual-office questions. This opinion is a clean example of the classification framework. The work to do for each client is exactly what the AG did here: identify the political subdivision of each role, classify each role as elective or appointive, classify the appointive role as full time or part time, then apply La. R.S. 42:63 (and the related provisions in 42:63 (A)-(C) for other combinations).

Common questions

Q: What if the Constable later moves up to full-time at the Orleans Parish Sheriff's Office?
A: The combination would then be barred by La. R.S. 42:63(D). The Constable would have to either give up the elective office or remain in a part-time appointive role.

Q: Can a Justice of the Peace (not the Constable) hold the same second job?
A: A different analysis is required. The JP holds an elective office in the same parish. The same La. R.S. 42:63(D) framework applies: a JP can hold a part-time appointive office in a different political subdivision. The opinion's reasoning would generalize, but the specific role classifications should be verified.

Q: Could the Constable also be elected to a second elective office in another parish?
A: La. R.S. 42:63(D) prohibits holding two elective offices simultaneously, except as allowed elsewhere in the statute. The default rule is no, regardless of whether the offices are in the same or different political subdivisions.

Q: Does this opinion apply to elected officials in non-parish entities like a municipality or school board?
A: The same statutory framework applies, with the additional definition rule in La. R.S. 42:62(9) treating municipalities, school boards, and special districts as political subdivisions. The Constable example crosses parish lines, but the same logic would work for a city council member taking a part-time appointive job at the parish sheriff's office or the school board.

Q: What about pay or hours limits on the part-time deputy work?
A: The Dual Officeholding Law sets the threshold by reference to the full-time definition for that specific position. La. R.S. 42:62(5) says "part time" means working "less than the number of hours of work defined in this Section as full time." Check the full-time definition for deputy sheriffs (typically governed by the sheriff's office policies and any applicable civil service rules).

Background and statutory framework

Constitutional basis. La. Const. art. X, § 22 authorizes the legislature to regulate dual employment and define, regulate, and prohibit dual officeholding in state and local government. La. Const. art. V, § 27 separately establishes the office of constable for each justice of the peace court.

The Dual Officeholding and Dual Employment Law. La. R.S. 42:61 et seq. is the implementing statute. Key definitions are in La. R.S. 42:62:
- (1) "Elective office" means a position filled by vote of the citizens, established or authorized by constitution, laws, charter, or local ordinances.
- (2) "Appointive office" means a position established or authorized by constitution, laws, charter, or local ordinances and filled by appointment by an elected or appointed public official or by a governmental body.
- (5) "Part time" means the period a person normally works or is expected to work in an appointive office or employment that is less than the full-time threshold for that position.
- (9) "Political subdivision" means a parish, municipality, or any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. The statute also treats mayor's courts, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials as separate political subdivisions.

The operative prohibition. La. R.S. 42:63(D) provides that a person holding an elective office in a political subdivision shall not simultaneously hold any other employment in the same political subdivision, or any other elective office or full-time appointive office in another political subdivision. Same-subdivision combinations are strictly limited; cross-subdivision combinations are limited only when the second role is elective or full-time appointive.

Constable's office. Each Louisiana justice of the peace court has a constable, who serves as the JP court's enforcement officer. Constables are elected by the voters of the ward. La. R.S. 13:2583 (cited in the opinion) is part of the JP/constable framework. La. R.S. 33:1537 is also cited in the caption, in connection with the parish governance context.

Tangipahoa and Orleans Parish factual context. The Constable in question serves Tangipahoa Parish, Ward 8 (in the New Orleans metro region's "north shore"). The part-time deputy sheriff role is in Orleans Parish. The two are clearly different political subdivisions under the statute.

Liz Murrill is the Attorney General of Louisiana. Madeline S. Carbonette signed the opinion as Assistant Attorney General.

Citations and references

Statutes:
- La. R.S. 42:61 et seq. (Dual Officeholding and Dual Employment Law)
- La. R.S. 42:62(1) ("elective office" defined)
- La. R.S. 42:62(2) ("appointive office" defined)
- La. R.S. 42:62(5) ("part time" defined)
- La. R.S. 42:62(9) ("political subdivision" defined; elected parochial officials treated as separate subdivisions)
- La. R.S. 42:63(D) (the dual-office prohibition that does the work in this opinion)
- La. R.S. 13:2583 (justice of the peace constable provision)
- La. R.S. 33:1537 (parish/municipal governance context)

Constitution:
- La. Const. art. V, § 27 (constable's office)
- La. Const. art. X, § 22 (legislative authority over dual officeholding)

Source

Landing page: https://www.ag.state.la.us/Opinions
Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0145

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

STATE OF LOUISIANA
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 94005
BATON ROUGE, LA 70804-9005

LIZ MURRILL
ATTORNEY GENERAL

February 27, 2025

OPINION 24-0145

78 Dual Officeholding
La. R.S. 42:61 et seq.
La. R.S. 13:2583
La. Const. art. V, § 27
La. R.S. 33:1537

Mr. Kevin Lewis
2800 Perdido Street
New Orleans, LA 70119

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit the Constable of the Justice of the Peace Court for Tangipahoa Parish, Ward 8 from serving as a part time Deputy Sheriff for Orleans Parish.

Dear Mr. Lewis:

Question

Can the Constable of the Justice of the Peace Court for Tangipahoa Parish, Ward 8 may serve as a part time Deputy Sheriff for Orleans Parish?

Conclusion

Analysis

Pursuant to La. Const. art. X, § 22, the legislature has enacted laws regulating dual employment and defining, regulating, and prohibiting dual office holding in state and local government. 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.

The applicable provision of law, La. R.S. 42:63(D), prohibits a person who holds an elective office in a political subdivision from simultaneously holding any other employment in the same political subdivision or from simultaneously holding any other elective office or full-time appointive office in a different political subdivision. Classifying the correct nature of the positions is essential for the purposes of applying the Dual Office Holding and Dual Employment Law.

Tangipahoa Parish and Orleans Parish are different political subdivisions. The Constable holds an "elective office" for the purposes of the Dual Officeholding and Dual Employment Law. A Deputy Sheriff working part time as a training instructor holds a "part time" "appointive office" for the purposes of the Dual Officeholding and Dual Employment Law.

No provisions of applicable law prohibit a person holding an "elective office" from holding a "part-time" "appointive" office in a different political subdivision. Therefore, the provisions of the Dual Officeholding and Dual Employment Law do not prohibit the Constable of the Justice of the Peace Court for Tangipahoa Parish, Ward 8 from serving as a part time Deputy Sheriff for Orleans Parish.

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

[Footnote: "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 courts, justice of peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions. La. R.S. 42:62(9).]

[Footnote: "Elective office" means any position which is established or authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof, which is not a political party office, and which is filled by vote of the citizens for this state or of a political subdivision thereof. La. R.S. 42:62(1).]

[Footnote: "Part time" means the period of time which a person normally works or is expected to work in an appointive office or employment which is less than the number of hours of work defined in this Section as full time. La. R.S. 42:62(5). "Appointive office" means 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).]