Can a Louisiana justice of the peace also serve as the full-time town clerk for a Lawrason Act municipality?

Plain-English summary

Jessica Albarado asked the Louisiana AG whether she could serve as the Justice of the Peace for Livingston Parish, Ward 10, and at the same time hold the full-time Town Clerk position for the Town of Killian. The AG said no, the combination is barred by Louisiana's Dual Officeholding and Dual Employment Law.

The classification:
- Justice of the Peace is an "elective office" under La. R.S. 42:62(1) because La. R.S. 13:2582(B) provides that JPs are elected by qualified voters within the JP court's territorial limits.
- Town Clerk in a Lawrason Act municipality is appointed by the mayor with the approval of the board of aldermen (La. R.S. 33:386(A)). The position here is full-time. That makes it a "full-time" "appointive office" under La. R.S. 42:62(2) and (4).
- Separate political subdivisions. The Justice of the Peace court for Livingston Parish and the Town of Killian are separate political subdivisions under La. R.S. 42:62(9).

The bar:

La. R.S. 42:63(D) provides:

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.

The first sentence is the trigger here. A JP (elective office) cannot at the same time hold a full-time appointive office in any political subdivision of the state. The Town Clerk position is a full-time appointive office in the Town of Killian (a political subdivision). So the combination is prohibited.

The opinion expressly limited the analysis to the Dual Officeholding and Dual Employment Law. The AG noted two additional regimes that apply separately:
- The Louisiana Code of Governmental Ethics (La. R.S. 42:1101 et seq., administered by the Louisiana State Board of Ethics).
- The Louisiana Code of Judicial Conduct (administered by the Judiciary Commission at 400 Royal Street, Suite 1213, New Orleans, LA 70130, phone (504) 310-2597).

A JP considering any outside position should also clear the proposed combination with both bodies, because the Code of Judicial Conduct has restrictions on judicial officers holding incompatible roles even when state statute would technically permit them.

What this means for you

If you are a Louisiana justice of the peace. This opinion is a clean line. As long as you hold the elective JP office, you cannot also hold a full-time appointive office in any political subdivision of the state. Full-time Town Clerk, full-time municipal department head, full-time parish public works director, full-time school district administrative position - all blocked. Part-time appointive offices are a different analysis (La. R.S. 42:63(D) targets full-time appointive offices), but the Code of Judicial Conduct may still come into play.

If you are a mayor or board of aldermen considering hiring a sitting JP as Town Clerk. Don't, at least not as a full-time position. The Dual Officeholding and Dual Employment Law prohibits it on its face. If the same person is the best candidate for clerk, ask whether the clerk role can be filled on a part-time basis, or whether the candidate is willing to resign the JP seat. Either way, get a written opinion from your municipal attorney covering the specific facts before making the hire.

If you are a JP weighing whether to take a part-time municipal position. The opinion does not analyze part-time positions. The La. R.S. 42:63(D) bar is on full-time appointive offices, so a part-time municipal role is not blocked by that subsection. But the Code of Judicial Conduct may still restrict it. Get a Judiciary Commission opinion before accepting.

If you currently hold both a JP seat and a full-time municipal appointive office. You are in violation of La. R.S. 42:63(D). The standard remedy is resignation from one of the two positions. La. R.S. 42:66 sets out a deadline (typically 30 days) for the holder to resolve the conflict before automatic vacation of one office. Consult counsel for the specific timeline and procedure.

If you are a Lawrason Act town in a rural area where qualified candidates are scarce. This opinion narrows your hiring pool somewhat. JPs are common in rural Louisiana and often are local civic-minded individuals who would be plausible candidates for municipal staff positions. The full-time-appointive bar limits the combination, but part-time arrangements (clerk position with reduced hours or shared service across multiple jurisdictions) may be a workable structure.

Common questions

Q: I'm a JP and I want to keep doing both. Are there any loopholes?
A: The statute is straightforward. The bar applies whenever the second position is a full-time appointive office in any political subdivision. The relevant exceptions in La. R.S. 42:63 typically apply to specific classes of officials and would not cover a routine JP/Town Clerk combination.

Q: Doesn't the Constitution let me hold multiple positions?
A: La. Const. art. X, § 22 expressly authorizes the legislature to regulate dual employment and prohibit dual officeholding. The legislature did that in La. R.S. 42:61 et seq. There is no constitutional right that overrides the statute for ordinary office combinations.

Q: What if the Town Clerk position becomes part-time?
A: La. R.S. 42:63(D) bars the JP from holding a full-time appointive office. A part-time clerk position would not be barred by that subsection. The remaining question is whether the Code of Judicial Conduct allows it. Run that question by the Judiciary Commission separately.

Q: Can a JP serve as town attorney or as a member of the town's planning commission?
A: Town attorney is typically a part-time appointive role (or contracted services), so the La. R.S. 42:63(D) bar may not apply, but the JP's licensure status and Judicial Conduct constraints come into play. Planning commission membership is typically a part-time appointive office, again not blocked by 63(D), but check for ethics and judicial-conduct constraints. Each combination should get its own AG opinion or Board of Ethics review.

Q: What is the Code of Judicial Conduct's role here?
A: The Code of Judicial Conduct applies to all Louisiana judicial officers, including JPs. It has provisions restricting outside business and government activities that could interfere with judicial duties, create the appearance of bias, or cast doubt on impartiality. Even when a combination is permitted by the dual-officeholding statute, the Code of Judicial Conduct may independently bar it. The Judiciary Commission is the body that answers questions about how the Code applies to specific situations.

Background and statutory framework

Justice of the Peace. La. R.S. 13:2582 governs the office of Justice of the Peace, including territorial limits and election. La. R.S. 13:2582(B) provides for JPs to be elected by the qualified voters within the JP court's territorial limits. JPs are elective officials under La. R.S. 42:62(1).

Town of Killian and Lawrason Act. The Town of Killian is governed by the Lawrason Act, La. R.S. 33:321 et seq., with a mayor-board of aldermen form of government. La. R.S. 33:386(A) provides that the Town Clerk is appointed by the mayor, subject to approval of the board of aldermen.

Dual Officeholding and Dual Employment Law. La. R.S. 42:61 et seq. Definitions: elective office (subd. 1), appointive office (subd. 2), full time (subd. 4), political subdivision (subd. 9). The political-subdivision definition expressly includes "justice of peace courts" as separate political subdivisions for purposes of this Part. The operative bar is La. R.S. 42:63(D).

Other regimes that apply separately:
- Louisiana Code of Governmental Ethics, La. R.S. 42:1101 et seq. Administered by the Louisiana State Board of Ethics. Conflicts of interest, financial disclosure, and outside-employment rules.
- Louisiana Code of Judicial Conduct. Administered by the Judiciary Commission at 400 Royal Street, Suite 1213, New Orleans, LA 70130, phone (504) 310-2597.

Liz Murrill is the Attorney General of Louisiana. Chimène St. Amant signed the opinion as Assistant Attorney General.

Citations and references

Statutes:
- La. R.S. 13:2582 (Justice of the Peace)
- La. R.S. 13:2582(B) (JP elected by qualified voters within territorial limits)
- La. R.S. 33:321 et seq. (Lawrason Act)
- La. R.S. 33:386(A) (Town Clerk appointed by mayor with approval of board)
- La. R.S. 42:61 et seq. (Dual Officeholding and Dual Employment Law)
- La. R.S. 42:62(1) (elective office)
- La. R.S. 42:62(2) (appointive office)
- La. R.S. 42:62(4) (full time)
- La. R.S. 42:62(9) (political subdivision)
- La. R.S. 42:63(D) (bar on elective + full-time appointive combinations)
- La. R.S. 42:1101 et seq. (Louisiana Code of Governmental Ethics, noted outside scope)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/25-0015

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

April 15, 2025

OPINION 25-0015

78 Dual Officeholding
Ms. Jessica Albarado
19358 Austin Street
La. R.S. 42:61, et seq.
La. R.S. 33:321, et seq.
La. R.S. 13:2582
Springfield, LA 70462

The provisions of the Dual Officeholding and Dual Employment Law prohibit the Justice of the Peace for Livingston Parish, Ward 10 from serving as the full-time Town Clerk for the Town of Killian.

Dear Ms. Albarado:

Our office received your request for an opinion regarding whether the Justice of the Peace for Livingston Parish, Ward 10 may serve as the full-time Town Clerk for the Town of Killian.

Question: Can the Justice of the Peace for Livingston Parish, Ward 10 serve as the full-time Town Clerk for the Town of Killian?

Conclusion: The provisions of the Dual Officeholding and Dual Employment Law prohibit the Justice of the Peace for Livingston Parish, Ward 10 from serving as the full-time Town Clerk for the Town of Killian.

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 Justice of the Peace for Livingston Parish, Ward 10 is elected by the qualified voters within the territorial limits of the justice of the peace court pursuant to the provisions of La. R.S. 13:2582(B). The Justice of the Peace holds an "elective office" for the purposes of the Dual Officeholding and Dual Employment Law.

The Town of Killian is governed by the Lawrason Act, La. R.S. 33:321, et seq. The Town has adopted a mayor-board of aldermen form of government. The Town Clerk is appointed by the mayor, subject to the approval of the board of aldermen. According to the information provided to this office, the position of Town Clerk is full time, which is

OPINION 25-0015
Ms. Jessica Albarado
Page 2

classified as a "full time" "appointive office" for the purposes of the Dual Officeholding and Dual Employment Law.

The Justice of Peace Court for Livingston Parish and the Town of Killian are considered separate political subdivisions for the purposes of the Dual Officeholding and Dual Employment Law.

The most relevant provision of the Dual Officeholding and Dual Employment Law is La. R.S. 42:63(D) 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.

La. R.S. 42:63(D) prohibits holding an elective office in a political subdivision and a full-time appointive office in a separate political subdivision.

Based on the applicable provisions of law and the information you have provided, it is the opinion of this office that the provisions of the Dual Officeholding and Dual Employment Law prohibit the Justice of the Peace for Livingston Parish, Ward 10 from serving as the full-time Town Clerk for the Town of Killian.

Please note that our expressed opinion is limited to an examination of the state law relating to Dual Officeholding and Dual Employment. Further, it does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42:1101, 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. Also be advised that Justices of the Peace are governed by the Code of Judicial Conduct which is within the jurisdiction of the Judiciary Commission. The

OPINION 25-0015
Ms. Jessica Albarado
Page 3

Commission may be contacted at the following address: 400 Royal Street, Suite 1213, New Orleans, LA 70130, phone: (504) 310-2597.

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:
Chimène St. Amant
Assistant Attorney General

LM:CS