Opinion Number

Dear Mr. Speed:

You have asked this office to advise whether an individual may hold full-time employment as a clerical worker from the Tangipahoa Parish Council Government President while also serving in the position of elected justice of the peace.

The Dual Officeholding and Dual Employment Laws, R.S. 42:61 et seq., prohibit one from holding local elective office and full-time employment in the same political subdivision of the state, pursuant to R.S. 42:63(D). The prohibition would not apply in this instance as justice of the peace courts and parishes are separate political subdivisions as defined by R.S. 42:62(9). See attached Attorney General Opinion 96-113.

However, because justices of the peace are governed by the Code of Judicial Conduct, we suggest you consult the Judiciary Commission of the Louisiana Supreme Court for an advisory ruling, at 301 Loyola Avenue, Room 109, New Orleans, Louisiana, 70112. We enclose Attorney General Opinion 96-356, and direct your attention to the advisory rulings from the Judiciary Commission that are attached.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

By: ________________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL

KLK:ams

OPINION NUMBER 96-113

March 11, 1996

78 DUAL OFFICEHOLDING

LSA-R.S. 42:61, et seq.; LSA-R.S.42:63(D); LSA-R.S. 42:63(9)

A justice of the peace may also hold full-time employment as director of finance of the parish governing authority.

Ms. Tracie Eisworth 36315 Driftwood Drive Denham Springs, LA 70726

Dear Ms. Eisworth:

You advise this office that you have recently accepted the position of the Director of Finance of the Livingston Parish Council. You also hold the local elective office of the Justice of the Peace in Ward One of Livingston Parish. The inquiry concerns the legality of the simultaneous holding of these positions.

The Dual Officeholding and Dual Employment laws of this state,LSA-R.S. 42:61, et seq., govern our response. Therein, it is permissible for a justice of the peace, who holds local elective office, to also hold local full-time employment with the local parish governing authority.LSA-R.S. 42:63(D) prohibits the simultaneous holding of these positions where the employment is within "the same political subdivision in which he holds elective office". Justice of the peace courts and parishes are separate political subdivisions as defined by LSA-R.S. 42:63(9), and for that reason, the prohibition does not apply to the facts related.

However, note that the office of Justice of the Peace is considered to be within the purview of the Code of Judicial Conduct administered by the Judiciary Commission of the Louisiana Supreme Court. You should further direct your inquiry to Mr. Hugh Collins, Judicial Administrator, 301 Loyola Avenue, Room 109, New Orleans, Louisiana, 70112.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

By: _______________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL

KLK:ams

OPINION NUMBER 96-356

September 4, 1996

78 DUAL OFFICEHOLDING

LSA-R.S. 42:61, et seq.

A deputy sheriff may not serve as a justice of the peace, as per advisory ruling of the Judiciary Commission.

Honorable Connie G. Moore Justice of the Peace St. Tammany Parish P.O. Box 1133 Covington, LA 70434

Dear Ms. Moore:

In response to your inquiry of recent date, we enclose a copy of a ruling recently issued by the Judiciary Commission indicating that a deputy sheriff may not also serve as a justice of the peace.

In response to your second inquiry, the Dual Officeholding and Dual Employment provisions, LSA-R.S. 42:61, et seq., are generally applicable only to the holding of two public offices. Here, a psychologist would hold a position within the private sector, thereby making those provisions inapplicable.

However, we advise you to consult the Judiciary Commission, at the number on the enclosed correspondence for a further advisory ruling.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

By: __________________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL

KLK:ams

Enclosure