SLS 11RS-134 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 174
BY SENATOR ADLEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DISTRICT ATTORNEYS. Prohibits certain compensated employment as legal counsel by
compensated employee of the office of a district attorney. (8/15/11)
AN ACT1
To enact R.S. 42:64(A)(7), relative to dual officeholding and dual employment; to provide2
that certain compensated employment by a compensated employee of the office of3
a district attorney is incompatible with such employment; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 42:64(A)(7) is hereby enacted to read as follows: 7
ยง64. Incompatible offices 8
A. In addition to the prohibitions otherwise provided in this Part, no other9
offices or employments shall be held by the same person in combination if any of the10
following conditions are found to pertain and these prohibitions shall exist whether11
or not the person affected by the prohibition exercises power in conjunction with12
other officers:13
* * *14
(7) An incumbent employed, for compensation, in the office of a district15
attorney, on a full-time or part-time basis, or on retainer, to serve as the regular16
attorney and counsel for, and be compensated for such services by a governing17 SB NO. 174
SLS 11RS-134 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
authority of a parish within the jurisdiction of the employing district attorney,1
if the district attorney is responsible, by law, for such representation. This2
provision shall not apply if the employment of a regular attorney and counsel3
by the parish governing authority is specifically authorized by law or by home4
rule charter.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Present law, relative to dual officeholding and dual employment, provides that in addition
to the prohibitions in present law, and except as specifically exempted by law, certain
combinations of office and employment are incompatible and may not be held by the same
person.
Proposed law retains present law and further prohibits an incumbent employed, for
compensation, in the office of a district attorney, on a full time or part time basis, or on
retainer, to serve as the regular attorney and counsel for, and be compensated for such
services by, a governing authority of a parish within the jurisdiction of the employing district
attorney, if the district attorney is responsible, by law, for such representation. This
provision shall not apply if such employment of a regular attorney and counsel by the parish
governing authority is specifically authorized by law or by home rule charter.
Effective August 15, 2011.
(Adds R.S. 42:64(A)(7))