2016 Regular Session ENROLLED
SENATE BILL NO. 173
BY SENATOR GARY SMITH AND REPRESENTATIVE GARY CARTER
1 AN ACT
2 To enact R.S. 13:2564.3, relative to parish court judges; to provide for legal representation
3 by the attorney general; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 13:2564.3 is hereby enacted to read as follows:
6 ยง2564.3. Legal representation by the attorney general
7 A. It is hereby declared to be the public policy of this state that the state,
8 through the attorney general, shall provide legal representation to a parish
9 court judge of this state in all claims, demands, or suits, if such claim, demand,
10 or suit arises out of the discharge of his duties and is within the scope of his
11 office and such claim, demand, or suit did not result from the intentional
12 wrongful act or gross negligence of the parish court judge.
13 B. Within five days after a parish court judge is served with any
14 summons, complaint, process, notice, demand, or pleading, he shall deliver the
15 original or a copy thereof to the attorney general. If, after thorough
16 investigation by the attorney general, it appears that the parish court judge was
17 not acting in the discharge of his duties and within the scope of his office at the
18 time of the alleged act or omission, or that he was acting in an intentionally
19 wrongful manner or was grossly negligent, the attorney general's office shall
20 decline representation and the state shall not be responsible for providing any
21 representation to the parish court judge.
22 C. The decision of the attorney general not to defend a parish court
23 judge and any and all information obtained by him as a result of the
24 investigations conducted pursuant to Subsection B of this Section shall be
25 considered confidential and shall not be admissible as evidence in any legal
26 proceeding and no reference thereto shall be made in any trial or hearing.
ACT No. 476
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 173 ENROLLED
1 D. Nothing in this Section shall in any way impair, limit, or modify the
2 rights and obligations of any insurer under any policy of insurance or impair
3 the right of the individual to obtain private counsel in his own behalf.
4 E. This Section shall not be construed as creating a right of
5 indemnification by a parish court judge against the state for any claim, demand,
6 suit, or judgment whatsoever.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.