HLS 10RS-6119 ORIGINAL
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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 267
BY REPRESENTATIVE CHAMPAGNE
JUDGES: Requests the Ad Hoc Committee of the Supreme Court of Louisiana to study the
issue of district attorneys and assistant district attorneys providing civil
representation to entities they represent in an official capacity
A CONCURRENT RESOLUTI ON1
To authorize and request the Ad Hoc Committee of the Supreme Court of Louisiana to study2
the issue of district attorneys and assistant district attorneys providing civil3
representation to entities they represent in an official capacity and to report its4
findings prior to January 1, 1011.5
WHEREAS, according to Article V, Section 26 of the Constitution of Louisiana, a6
district attorney, or his designated assistant shall have charge of every criminal prosecution7
by the state in his district, be the representative of the state before the grand jury in his8
district, and be the legal advisor to the grand jury; and9
WHEREAS, R.S. 16:2 provides that a district attorney shall be the regular attorney10
and counsel for the police juries, parish school boards, and city school boards within his11
respective district and of every state board or commission domiciled therein, including levee12
boards, hospital and asylum boards, education boards, and all state boards or commissions13
the members of which, in whole or in part, are elected by the people or appointed by the14
governor or other prescribed authority; and15
WHEREAS, Article V, Section 26 of the Constitution of Louisiana further provides16
that no district attorney or assistant district attorney shall appear, plead, or in any way defend17
or assist in defending any criminal prosecution or charge upon penalty of removal from18
office; and 19 HLS 10RS-6119 ORIGINAL
HCR NO. 267
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WHEREAS, the Rules of Professional Conduct set forth by the Louisiana Attorney1
Disciplinary Board of the Supreme Court of Louisiana, specifically Rules 1.7 through 1.11,2
provide guidelines relative to conflict of interest and the representation of clients; and 3
WHEREAS, there has been some concern that there may be a conflict of interest4
when a district attorney or assistant district attorney represents a governmental entity in his5
private capacity which he is statutorily required to represent in his capacity as district6
attorney or assistant district attorney.7
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby8
authorize and request the Ad Hoc Committee of the Supreme Court of Louisiana to study9
the issue of district attorneys and assistant district attorneys providing civil representation10
to entities they represent in an official capacity and to report its findings to the legislature11
prior to January 1, 2011.12
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted13
to the judicial administrator of the Supreme Court of Louisiana.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Champagne HCR No. 267
Requests the Ad Hoc Committee of the Supreme Court of La. to study the issue of district
attorneys and assistant district attorneys providing civil representation to entities they
represent in an official capacity and to report its findings to the legislature prior to Jan. 1,
2011.