Could a Louisiana assistant district attorney also serve part time on a parish hospital board?

Plain-English summary

In 1997, Louisiana's Attorney General concluded that an assistant district attorney could also hold a part-time appointment to the Terrebonne Parish Hospital Service District Board of Commissioners. The opinion treated the assistant district attorney position as full time and the board seat as part time.

The AG applied LSA-R.S. 42:63(E), which barred a person holding a full-time appointive office or full-time public employment from simultaneously holding another full-time appointive office or full-time public employment in state or political subdivision government. Because the hospital board position in the request was part time, the AG said that prohibition did not apply to the two roles described.

Currency note

This opinion was issued in 1997. 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.

Historical summary

Assistant district attorneys considering a board appointment

The AG's answer depended on the hospital board seat being a part-time appointive office. He said the dual officeholding bar quoted in the opinion would be a concern if both positions were full time. He found no legal impediment under that provision for the pairing presented.

Parish hospital service districts

The opinion addressed a seat on the Terrebonne Parish Hospital Service District Board of Commissioners. It treated that particular appointment as part time and concluded that the officeholder could serve while working as an assistant district attorney in the same parish.

Common questions

Could a full-time assistant district attorney sit on the parish hospital board in this opinion?

Yes. The AG said the person could hold both roles simultaneously because the board appointment was part time.

Did the AG say two full-time public positions were allowed?

No. The opinion quoted LSA-R.S. 42:63(E)'s prohibition on the listed combinations of full-time appointive office and full-time public employment. Its conclusion rested on one of the positions being part time.

Did the opinion decide whether every hospital board appointment qualifies as part time?

No. It described the particular Terrebonne Parish board seat in the request as a part-time appointive office and answered on that basis.

Background and statutory framework

The request paired a part-time hospital service district board seat with a full-time assistant district attorney position. The AG quoted LSA-R.S. 42:63(E), then explained that the quoted prohibition did not reach the pair because one of the offices was part time. The source extract's final signature line is damaged by OCR; its analysis and answer remain legible.

Citations and references

• LSA-R.S. 42:63(E): the dual officeholding restriction applied by the AG.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/97-0003

Original opinion text

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

DEPARTMENT OF JUSTICE

RICHARD P. IEYOUB
P.O. Box 94005
A’rI’ORNEY GENERAL
70804-9005
TEL: (504) 342-7013
FAX: (504) 342-7335
January 8, 1997
OPINION 97-3

OPINION 97-3
Mr. Bradley Doyle
78 DUAL OFFICEHOLDING
Post Office Box 1647
LSA-R.S. 42:63(E)
7825 Park Avenue
Individual may hold the part-time appointive office of board
Houma, Louisiana 70361
member of the Terrebonne Parish Hospital Service District
Board of Commissioners while also serving as Terreobnne Parish Assistant District Attorney.
Dear Mr. Doyle:

We find no legal impediment to prevent you from holding the part-time appointive office of board member of the Terrebonne Parish Hospital Service District Board of Commissioners while also serving as Terrebonne Parish Assistant District Attorney, a full-time appointive position. A concern might be raised by LSA-R.S. 42:63(E) if both positions were considered full-time. That statute provides:

E. No person holding a full-time appointive office or full-time employment in the government of this state or of a political subdivision thereof shall at the same time hold another full-time appointive office or full-time employment in the government of the state of Louisiana, in the government of a political subdivision thereof, or in a combination of these.

Since one appointive office is held on a part-time basis, the prohibitory language of LSA- R.S. 42:63(E) is inapplicable. You may hold both positions simultaneously.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

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