Louisiana 2010 Regular Session

Louisiana Senate Bill SB793 Latest Draft

Bill / Engrossed Version

                            SLS 10RS-3001	REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 793 (Substitute of Senate Bill No. 331 by Senator Hebert)
BY SENATOR HEBERT 
DISTRICT ATTORNEYS. Prohibits certain district attorneys and assistant district attorneys
from being able to perform "private practice work" for local government entities that are
represented by the district attorney's office. (8/15/10)
AN ACT1
To enact R.S. 37:223, relative to district attorneys; to prohibit certain legal representation2
by a district attorney or his staff; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1.  R.S. 37:223 is hereby enacted to read as follows:5
ยง223.  Certain representation prohibited6
A. The district attorney or any assistant district attorney for the7
Sixteenth Judicial District, shall not, in his private capacity, engage in the legal8
representation or assist in the legal representation of any local governmental9
entity to which the district attorney is ex officio the regular attorney or counsel10
as provided in R.S. 16:2.11
B. Any law firm, partnership, corporation, proprietorship, or other12
association authorized by law with which the district attorney or any assistant13
district attorney for the Sixteenth Judicial District is affiliated as a partner,14
shareholder, associate, employee, proprietor, or of counsel shall not engage in15
the legal representation or assist in the legal representation of any local16
governmental entity to which the district attorney is ex officio the regular17 SB NO. 793
SLS 10RS-3001	REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
attorney or counsel as provided in R.S. 16:2.1
C. Any attorney who violates Subsections A and B of this Section shall2
be subject to sanctions as appropriate by the office of the disciplinary counsel3
of the Louisiana State Bar Association.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Hebert (SB 793)
Present law provides that the district attorneys of the several judicial districts of this state,
other than the parish of Orleans, shall ex officio be the regular attorneys and counsel for the
police juries, parish school boards, and city school boards within their respective districts
and of every state board or commission domiciled therein.
Proposed law retains present law and prohibits the district attorney or any assistant district
attorney for the 16
th
 Judicial District, in his private capacity, from engaging in the legal
representation or assisting in the legal representation of any local governmental entity to
which the district attorney is ex officio the regular attorney or counsel.
Proposed law further provides that any law firm, partnership, corporation, proprietorship,
or other association authorized by law with which the district attorney or any assistant
district attorney for the 16
th
 Judicial District is affiliated as a partner, shareholder, associate,
employee, proprietor, or of counsel shall not engage in the legal representation or assist in
the legal representation of any local governmental entity to which the district attorney is ex
officio the regular attorney or counsel.
Proposed law provides that any attorney who violates proposed law shall be subject to
sanctions as appropriate by the office of the disciplinary counsel of the Louisiana State Bar
Association.
Effective August 15, 2010.
(Adds R.S. 37:223)