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

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:

1. 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.

2. 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."

3. 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 the Tangipahoa Ward 8 constable. The AG concludes that the Dual Officeholding and Dual Employment Law does not prohibit you from serving as a part-time Orleans Parish deputy sheriff working as a training instructor. Its conclusion depends on the positions being in different political subdivisions and on the deputy position being part time and appointive.

If you are hiring for the Orleans Parish deputy position. The relevant classification is the one the opinion actually analyzes: a part-time appointive deputy position in Orleans Parish held by the elected Tangipahoa Ward 8 constable. The opinion does not decide combinations involving justices of the peace, council members, or other elected offices.

If you review another dual-office question. Identify each position's political subdivision, whether it is elective or appointive, and whether the appointive position is part time under the statutory definition in La. R.S. 42:62(5). The opinion applies La. R.S. 42:63(D) to one pair of offices; it does not decide every combination of public roles.

Common questions

Q: Why was this combination allowed?
A: The constable holds an elective office in Tangipahoa Parish, while the part-time deputy sheriff role is an appointive office in Orleans Parish. The AG says La. R.S. 42:63(D) does not prohibit that particular cross-parish combination.

Q: How does the opinion define part-time work?
A: Footnote 3 quotes La. R.S. 42:62(5): a person normally works or is expected to work fewer hours than the number "defined in this Section as full time." The opinion does not substitute sheriff's office policy or civil service rules for that statutory definition.

Q: Would a full-time deputy position have the same result?
A: The opinion quotes La. R.S. 42:63(D) as barring someone who holds an elective office in one political subdivision from also holding a full-time appointive office in another. Its approval is expressly for the part-time deputy position described in the request.

Q: Does it approve part-time deputy work for a justice of the peace or city council member?
A: No. The AG addresses the Tangipahoa Ward 8 constable and the Orleans Parish deputy position. It does not classify or decide another elected official's proposed second role.

Q: Does a different parish always mean a second public job is allowed?
A: No. The opinion quotes La. R.S. 42:63(D), which also restricts a second elective office or full-time appointive office in a different political subdivision. The part-time appointive classification matters to the answer here.

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 listed in the caption but not analyzed in the body.

Tangipahoa and Orleans Parish factual context. The constable serves Tangipahoa Parish, Ward 8; the part-time deputy sheriff position, described as a training-instructor role, is in Orleans Parish. The opinion treats them as different political subdivisions.

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 (listed in the caption; not analyzed)

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

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

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.

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

1 "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).

2 "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).

3 "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).