SLS 11RS-134 ENGROSSED
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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, 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
relative to the Twenty-Sixth Judicial District; to provide that certain compensated3
employment by a compensated employee of the office of the district attorney is4
incompatible with such employment; and to provide for related 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 with the Twenty-Sixth Judicial District, for15
compensation, in the office of the district attorney, on a full-time or part-time16
basis, or on retainer, to serve as the regular attorney and counsel for, and be17 SB NO. 174
SLS 11RS-134 ENGROSSED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
compensated for such services by a governing authority of a parish within the1
jurisdiction of the employing district attorney, if the district attorney is2
responsible, by law, for such representation. This provision shall not apply if3
the employment of a regular attorney and counsel by the parish governing4
authority is specifically authorized by law or by home rule charter.5
The original instrument was prepared by Jerry J. Guillot. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michael Bell.
DIGEST
Adley (SB 174)
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 with the 26
th
judicial district, for compensation, in the office of the 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill.
1. Provides relative only to an employee of the 26
th
judicial district attorney's
office.