DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 844 Original 2018 Regular Session Garofalo
Abstract: Provides indemnification of clerks of court, and their employees, by the state against any
claim, demand, or suit when performing duties of their office in accordance with state law.
Present law provides that the state shall not be liable for any damage caused by a district attorney,
except as provided in present law, a coroner, assessor, sheriff, clerk of court, or public officer of a
political subdivision within the course and scope of his official duties, or damage caused by an
employee of a district attorney, except as provided by present law, a coroner, assessor, sheriff, clerk
of court, or public officer of a political subdivision.
Present law provides that the state shall indemnify a district attorney and his office against any claim,
demand, suit, complaint, or petition in a federal court based on allegations of the constitutional
validity of a statute when the district attorney or his office has taken no action to institute prosecution
by filing a bill of information or an indictment.
Proposed law retains present law and creates a limited exception on behalf of the clerk of court by
providing that the state shall indemnify a clerk of court or any employee of his office against any
claim, demand, or suit when the allegation is based on a challenge of the constitutional validity of
a statute and when the clerk of court is acting in accordance with present law.
Present law provides that payment of a final judgment or consent judgment against the district
attorney or his office shall be by legislative appropriation and also provides that payment of a final
judgment or consent judgment, of any amount, against a district attorney or his office shall not be
made unless the payment is approved by a majority of members of a subcommittee of the Joint
Legislative Committee on the Budget comprised of three members of the Senate and three members
of the House designated by the chairman, and further provides that the subcommittee may meet in
executive session to consider such agreements.
Present law provides that the district attorney, or the attorney general, if the attorney general assumed
the defense of the claim shall present the subcommittee with a concise abstract of the facts and
principles of law upon which the claim is based. The abstract shall include a detailed analysis of the
calculation of damages as well as attorney fees, court costs, and interest thereon.
Proposed law retains present law and provides the same procedures for the payment of a judgment
against a clerk of court or his office and for presentation to the Joint Legislative Committee on the
Budget. Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 42:1441(A); Adds R.S. 42:1441(E))