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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 267
BY REPRESENTATIVE CHAMPAGNE
A CONCURRENT RESOLUTI ON
To authorize and request 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 and to report its
findings prior to January 1, 2011.
WHEREAS, according to Article V, Section 26 of the Constitution of Louisiana, a
district attorney, or his designated assistant shall have charge of every criminal prosecution
by the state in his district, be the representative of the state before the grand jury in his
district, and be the legal advisor to the grand jury; and
WHEREAS, R.S. 16:2 provides that a district attorney shall be the regular attorney
and counsel for the police juries, parish school boards, and city school boards within his
respective district and of every state board or commission domiciled therein, including levee
boards, hospital and asylum boards, education boards, and all state boards or commissions
the members of which, in whole or in part, are elected by the people or appointed by the
governor or other prescribed authority; and
WHEREAS, Article V, Section 26 of the Constitution of Louisiana further provides
that no district attorney or assistant district attorney shall appear, plead, or in any way defend
or assist in defending any criminal prosecution or charge upon penalty of removal from
office; and
WHEREAS, the Rules of Professional Conduct set forth by the Louisiana Attorney
Disciplinary Board of the Supreme Court of Louisiana, specifically Rules 1.7 through 1.11,
provide guidelines relative to conflict of interest and the representation of clients; and
WHEREAS, there has been some concern that there may be a conflict of interest
when a district attorney or assistant district attorney represents a governmental entity in his ENROLLEDHCR NO. 267
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private capacity which he is statutorily required to represent in his capacity as district
attorney or assistant district attorney.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
authorize and request 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 and to report its findings to the legislature
prior to January 1, 2011.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the judicial administrator of the Supreme Court of Louisiana.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE