Attorney General Opinions

57 - A Juveniles Bonds – La. Const. art XII, S3; La. ch. Code art (116(3); La. Ch. Code art 804; La. Ch. code art 951 et. seq.   cRegarding whether traffice citations issued to persons 17 years of age for traffic violations be filed in adult court or juvenile court.

Posted:  June 13, 2025

8 Bonds – Surety La. C. Cr.P. art 323 A court order is required for a clerk of court to cancel a judgment of forfeiture on an appearance bond. 

Posted:  May 22, 2023

CLERKS OF COURT- Compensation & Fees Powers & Duties General; 56-A  JURIES; La. Const. art VIII, 28(A); La. C.C. P. art 282; La. C. Cr. P. art 404; La. R. S. 13:3043: The 19th Judicial District Clerk of Court may not assume the duties of the judicial administrator pertaining to jury management and may only perform the responsibilities pertaining to jury management as provided by law. 

Posted:  October 18, 2022

Secretary of State-Changes to the Election Expense Manual (Clerks of Court and Parish Boards of Election Supervisors).

Posted:  December 20, 2021

PUBLIC FUNDS & CONTRACTS-La. Const. art VII, 14; It is not prohibited donation for public entities to provide their employees with coffee if they have a demonstrable, objective, and reasonable expectation that doing so will provide a real and substantial benefit to the public entity. 

Posted:  October 18, 2022

ELECTIONS-Conduct of Primaries and General; La. R.S. 18:1400.1; La. R. S. 18:1400.2; La. R.S. 18:452; La. R.S. 13:5539; La. Const. art 7, 24; La. Const. art. 11, 1:   The St. Landry Parish Council is responsible for the pro-rated portion of costs for the October 2019 election for St. Landry Sherriff and St. Landry Parish Assessor, and the pro-rated portion of costs for the November 2019 runoff election for St. Landry Parish Assessor.

Posted:  October 18, 2022

Elections – Conduct of Primaries & General; La. R. S. 18:1300, et seq. A voter who is diagnosed with COVID-19 or is subject to a quarantine order while awaiting a COVID-19 diagnosis would qualify to vote absentee so long as a medical professional certifies that the voter is disabled.

Posted:  September 10, 2020

Public Meetings- State & Local Governing Bodies; La. R. S. 18:444; La. R. S. 42:11, et seq; La. R.S. 42:14.  The Republican Parish Executive Committee of Plaquemines Parish is not a public body for the purposes of the Open Meeting Law.  The Plaquemines Parish Government is not required to provide a meeting place for the Republican Parish Executive Committee of Plaquemines Parish free of charge, except for the committee members’ first meeting after the election, which must be held at the parish courthouse.
 
Posted:  October 18, 2022

Insurance - La. R. S. 13:783: Discuss payment of premiums by the clerk of court for certain types of insurance policies held by eligible retirees.

Posted:  June 15, 2020

10 Clerks of Court - Compensation & Fees, Powers & Duties, General: La. R. S. 23.631 Whether or not the former Clerk of Court is entitled to pay out of paid time off upon separation depends on whether or not there is a vacation policy allowing the Clerk of accrue vacation leave and, if so, if the Clerk has accrued vacation leave prior to separation.

Posted to Clerks website on July 23, 2019.

10 Clerks of Court - Compensation & Fees, Powers & Duties General: La. R. S. 13:996.3: The 19th Judicial District Clerk of Court may not collect and subsequently deposit in the Family Court's judicial expense fund a filing fee greater than the twenty-five dollars ($25.00) fee provided for in La. R. S. 13:996.3.

Posted to Clerks website on June 20, 2019.

10 Clerks of Court - Compensation & Fees, Powers & Duties General: La. C.Cr.P Art 731 - The court or clerk of court are the proper entities to issue subpoenas, arraignment, and trial notices.

Posted to Clerks website on June 26, 2020.

90-C Public Records - La. Const. art. XII, 3; La. C.C. art. 9; La. R. S. 1:4; La. R. S. 44:1 est seq.; All records described in La. R. S. 44:1(A)(2), are public records of the State of Louisiana. Records that do not conform to the definition provided by the Louisiana Legislature are not subject to the provisions of Title 44 of the Louisiana Revised Statutes.

Posted to Clerks website on October 15, 2019.

90-C Public Records - La. Const. art. XII, 3; La. C.C. art. 9; La. R. S. 1:4; La. R. S. 44:1 est seq.; All records described in La. R. S. 44:1(A)(2), are public records of the State of Louisiana. Records that do not conform to the definition provided by the Louisiana Legislature are not subject to the provisions of Title 44 of the Louisiana Revised Statutes.

Posted to Clerks website on October 15, 2019.

10 Clerks of Court La. C.C.P. art 253; La. C.C.P. art 258; La. R.S. 9:2601 et seq: Electronic signatures may be used on matters governing adoption, divorce, or other family law matters. Clerks of court may accept electronic filings for family law matters.

Posted to Clerks website on May 8, 2018.

35 Elections: La. R. S. 18:1306; The form "Electronic Ballot Instructions (Absentee, Ranking, and UOCAVA)" is compliant with Louisiana law and is approved for printing and distribution.

Posted to Clerks website on May 22, 2017.

35 Elections: La. R. S. 18:1306; The form "Paper Ballot Instructions" is compliant with Louisiana law and approved for printing and distribution.

Posted to Clerks website on May 22, 2017.

La. R.S. 42:61 et seq., La. Const.art V. 28 La.C.C.P. art 255. The provisions of the Dual Officeholding and Dual Employment Law prohibit a full time Deputy Clerk of Court of Calcasieu Parish from serving as a member of the City of Lake Charles Council.

Posted to Clerks website on October 3, 2016.

La. C.C.P. art 5059; La. R.S. 18:434; La. R.S. 18:1414. The selection of election commissioners and alternate commissioners may be made on the day following Columbus Day.

Posted to Clerks website onOctober 3, 2016.

35 Elections: La. R. S. 18:18. The form "Election Expense Manual" is compliant with Louisiana law and approved for printing and distribution.

Posted to Clerks website on October 3, 2016.

90-A-1 Public Funds & Contracts: La. Const. art. V, 28 La. Const. art. VII, 14 La. R. S. 43:111.1- Public funds may be used to purchase customized uniforms for employees of the clerk of court's office as long as the uniforms are worn pursuant to an official office policy and remain the property of the clerk of court's office. However, including a clerk of court's name on a uniform shirt would be considered advertisement since the purpose of such does not fall under one of the exceptions provided for in La. R. S. 43:111.1.

Posted to Clerks website onSeptember 29, 2017.

La. R.S. 13:5711; La. R. S. 13:5706. A salaried coroner, deputy coroner, or assistant coroner is not entitled to the expert witnesses fee authorized by La. R.S. 13:5711 for testimony in connection with his or her official duties. Rather, the expert witnesses fee provided by La. R. S. 13:5711 entitles a coroner, deputy coroner, or assistant coroner to compensation for testimony which is unrelated to the coroner's, deputy coroner's, or assistant coroner's official duties, such as his or her respective field of expertise or private practice.

Posted to Clerks website onJuly 19, 2016.

La. R.S. 14:134; La. R. S. 18:423; La. R. S. 18:1313. There is no legal authority governing the late arrival or early departure of Board members. As long as the Board member actually performed his job duty, then he may be compensated for his work. Prohibiting Board members from possessing phones or electronic communication devices during the counting and tabulation process is certainly within the authority of the Board under the statute. However, the statute does leave this decision to the Board, which would require a vote.

Posted to Clerks website onMay 9, 2016.

78-Dual Officeholding La. R.S. 42:61 et seq. The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a State Senator from holding the part time appointive office of Deputy Clerk of Court.

Posted to Clerks website onJanuary 20, 2016.

90-A-Public Funds & Contracts, La. R.S. 33:2955. The Assumption Parish Clerk of Court is prohibited from investing funds for the purchase of certificates of deposit ("CDs") through a financial investment firm, as the indirect purchase of CDs through an investment firm is not contemplated or intended by La. R.S. 33:2955

Posted to Clerks website onDecember 14, 2015.

90-C-Public Records La. Const. Art. XII, La. R.S. 44:1 et seq. If the assessment rolls are maintained by the assessor in a manner which permits a copy to be easily made onto a disc, he or she must provide an electronic copy of the records in response to a public records request, but may assess a reasonable fee to the requestor in doing so. An individual can make a public records request to the sheriff or clerk of court for public information delivered to either by the assessor.

Posted to Clerks website onOctober 14, 2015.

90-A-1 Public Funds and Contracts, La. R.S. 33:4713; La. R.S. 33:4715, La. Dist Court Rules Rule 5.2 Security provided in the courthouse is the responsibility of the parish governing authority. However, the judges are authorized to implement rules of decorum and conduct within their courtroom. including prohibiting the use of cellular telephones.

Posted to Clerks website onFebruary 22, 2017.

56-Judges La. Code Civ. Pro. arts. 253(C) and 1911; La. Code Crim. Pro. art. 162.2(E) La. R.S. 9:2601 et seq.; La. R.S. 13:477, 1140, and 1336; La. Atty. Gen. Op. No. 13-0158. Act 606 of the 2014 Regular Session authorizes judges to use eletronic signatures when signing court orders, notices, official court documents, and other writings to be executed in connection with both civil and criminal proceedings, subject to the adoption of court rules establishing the method and ensuring the authenticity of such signatures. Accordingly, La. Atty. Gen. Op. No. 13-0158 is recalled.

Posted to Clerks website onJanuary 20, 2015.

10-Clerks of Court La. C.Cr.P. art. 320. La. C.Cr.P. art 320 prohibits the District Clerk of Court and the Deputy Clerk, as ministerial officers of the court, from using separate or community property to become a surety or provide money or property for bond statewide for themselves, spouses, family members, or friends. La. C.Cr.P. art. 320 does not prohibit the spouses of a District Court of Clerk and a Deputy Clerk of Court from using community property for bail.

Posted to Clerks website onMay 21, 2015.

16-A Criminal Law Procedure La. C.Cr. P art 523. The accepted methods of service to defendant's counsel of record according to the provisions of La. C.Cr.P. art 523 would include service by regular mail, certified mail, sheriff, or commercial courier delivery. E-mail notification to the defendant's counsel of record is not currently an accepted method of service according to the provisions of La. C.Cr.P. art 523.

Posted to Clerks website onNovember 6, 2014.

90-A-1 Public Funds & Contracts, La. Const. art. VII, Sec. 14. Public entities must make reasonable attempts to collect debts owerd to them as required by La. Const. art. VII, Sec 14(A). Legal counsel for the public entity is in the best position to determine and advise the entitty on which debts and what collection methods to pursue, taking into consideration the cost of potential recovery and any possible defenses to collection

Posted to Clerks website onJuly 14, 2014.

56 Judges La. Code Civ. Proc. art. 1911; La. Code. Crim. Proc. art 162et seq; La. R.S. 9:2601et seq. There is no statutory authorization for judges to sign judgments using an eletronic signature.

Posted to Clerks website on January 6, 2014.

107 Sheriffs LSA-C.Cr.P.Art 319, LSA-R.S. 13:5539, LA Const. Art. V, 27. The Parish Sheriff, as the administrator and keeper of the parish jail and chief law enforcement officer of the parish, determines the sufficiency and acceptability of immovable property that is offered as security to support a bail bond in his jurisdiction.

Posted to Clerks website on December 9, 2014.

15-A Constitutional Law - 42 U.S.C. 1971 et. seq. In light of the United States Supreme Court decision inShelby County, Louisiana is no longer a covered jurisdiction under Section 4(b) of the Voting Rights Act (“VRA”) and is not required to obtain preclearance pursuant to Section 5 of the VRA prior to implementing any new voting qualification or prerequisite to voting, or standard, practice, or procedure.

Posted to Clerks website on October 7, 2013.

Clerks of Court - Compensation & Fees, Powers & Duties, General; Public Funds - Loan, Pledge or Grant La. Const. art. V 11 14; La. R.S. 13:783 - The East Baton Rouge Parish Clerk of Court's Office may pay one hundred percent of the insurance premium costs for certain already retired, clerks and employees.

Posted to Clerks website on September 5, 2013.

46 A Fees & Costs La. R.S. 15:571.11(L), Judgments of bond forfeiture that are rendered after June 22,1993 and result from the posting of a commercial surety bond in a criminal proceeding in the state of Louisiana may not be collected by the clerk of court. Those judgments must be collected by the prosecuting attorney for the jurisdiction in which the bond was posted.

Posted to Clerks website on June 5, 2013

78 Dual Officeholding La. Const. art. V 28; La. R.S. 42:61, et seq. - The provision of the Dual Officeholding and Dual Employment Law do not prohibit a full time employee of the District Attorney's Office from being appointed as a part time deputy clerk.

Posted to Clerks website on May 3, 2013.

84 - Parishes 107 Sheriffs - Constables & Marshals La. R. S. 13.5533; La. R.S. 13:5539; La. R.S. 33:4713; La. R.S. 33:4715; Courthouse security is the responsibility of the parish governing authority.

Postedto Clerks website on July 15, 2014.

15 - Courts 46-A-Fees & Costs R. S. 13.996.51; R.S. 46:2361; R.S. 46:2362; R.S. 46:2364; R. S. 46:2370 Louisiana Interpreter Law, R. S. 46:2364, et seq., requires that the appointing authority, or presiding officer of the court, appoint and pay for a qualified interpreter during those stages of a judicial proceeding in state court where a hearing impaired person is a party involved in direct communication with other hearing impaired persons or his/her legal representative. R. S. 46:2370 provides that interpreters are entitled to a reasonable fee for their services, which includes waiting time and travel time. When an interpreter is appointed pursuant to the Louisiana Interpreter Law, the Louisiana Commission for the Deaf may pay the interpreter's fees set by the court. If the Louisiana Commission for the Deaf does not cover an interpreter's fees, then the Judicial Expense Fund for the Seventh Judicial District would be another viable source of such payment.

Postedto Clerks website on January 2, 2013.

90-A-1- Public Funds & Contracts La. Rev. Stat. 49:125; La. Rev. Stat. 33:4711.1, La. Rev. Stat. 33:4712 (F), Jefferson Parish may not donate surplus computer equipment to a private company for recycling and refurbishing. The surplus computer equipment may be sold at a public auction conducted pursuant to LA. Rev. Stat. 49:125, through an Internet computer auction pursuant to La. Rev. Stat. 33:4711.1, or at a public sale under La. Rev. Stat. 33.4712(F) if the property to be sold is appraised at less than $5,000.

Posted to Clerks website on January 10, 2013.

115 - Taxation - Collection & Enforcement against person and property La. R.S. 33:1236; La. R.S. 47:2128; La. R.S. 47:2131; La. R.S. 9:4821; La. R.S. 47:2160; Under La. R.S. 33:1236(21)(a)(i) and La. R.S. 47:2128, an ordinance is sufficient to enforce the collection of liens for grass cutting charges at ad valorem tax sales. Such liens must be sold within the time period provided for in La. R.S. 47:2131 and can be enforced even against a property owner who, due to the homestead exemption, otherwise owes no ad valorem taxes. Assuming the lien is recorded within sixty days from the date of completion of the cutting or removal, it is first in rank and concurrent with the liens listed in La. R.S. 9:4821. Once recorded, the lien and privilege prescribes in ten years from the date of recordation unless a notice of reinscription is timely filed by the parish governing authority in the manner prescribed for reinscription of mortgages. Finally, under La. R.S. 47:2160, if the grass cutting charges are not included in the bid price for the property, the property remains subject to the lien.

Posted to Clerks website on August 16, 2011.

78 Dual Officeholding La. R.S. 42:63(D). A full-time deputy clerk of court may not at the same time hold the elective officers of assessor, sheriff, constable, justice of the peace, police juror, school board member, or district attorney.

Posted to Clerks website on June 1, 2011.

10-Clerks of Court - Compensation & Fees; Powers & Duties; General; 46-A - Fees & Costs; 61-Laws - General; 62-B-Legislature - Acts & Bills R.S. 13:751.1(A)(2); R. S. 13.751.4; R.S. 13:841.3; R.S. 13:1312.1; R.S. 13:996.62; La. R.S. 44:1; R.S. 44:181; R.S. 44:181.5(B); R.S. 44:183; La.C.C.P. art. 251; Act. No. 621 of 2006 Regular Legislative Session; Act No. 212 of 2007 Regular Legislative Session; Act Nos. 675, 868, 873, and 879 of 2008 Regular Legislative Session; Act No. 125 of 2009 Regular Legislative Session; La. Atty. Gen. Op. 04-0169. The Louisiana Legislature through Act No. 621 of 2006 and subsequent legislation consolidated the state courts and related offices in Orleans Parish. All property transferred to the Clerk of Court's Office in its capacity as parish recorder per Act. No. 621 should now be considered the property of the Clerk of Court ("Clerk") to possess, utilize, and control as per her discretion. Any computer hardware and software utilized by the offices of the Recorder and Register that has not been transferred to the Clerk of Court's Office should be transferred pursuant to this legislation. Any fees collected by the offices of the Recorder or Register prior to January 1, 2009, should have been deposited into a special fund within the Consolidated Judicial Expense Fund and used to defray the costs of operations of these two offices, including salaries, benefits, and pension contributions, until these offices were abolished and transferred to the Clerk for the CDC as parish recorder. Effective January 1, 2009, the employees of the former offices of the Recorder and Register became employees and, therefore, the financial responsibility of the Clerk of Court's Office. The Clerk has the authority to establish and maintain a system that allows for electronic and internet access to its office's records. The Clerk also has the authority to collect reasonable fees for operating and maintaining such a system.

Posted to Clerks website on September 7, 2011.

46-A-Fees & Costs 107 - Sheriffs - Constables & Marshalls R. S. 15:571.11; R. S. 33:1428; R. S. 33:1432; La. C. Cr. Proc. art. 417 The responsibility to reimburse the sheriff for service of the petit juror summons rests with the parish government. Pursuant to R. S. 33:1428, the sheriff may be reimbursed in an amount not to exceed twenty dollars ($20.00) for service of petit juror summons. Expenses of the criminal court system include the sheriff's costs for service of petit juror summons, and therefore, pursuant to R. S. 15:571.11, the Second Judicial District Criminal Court Fund account may be used to reimburse the sheriff for such service costs upon motion of the district attorney and an approval order of the district court.

Postedto Clerks website on February 14, 2012.

57 Justices of Peace 78 Dual Officeholding La. R.S. 42:63(D) Under La. R. S. 42:63(D) of the Louisiana Dual Officeholding and Dual Employment Law, a full-time deputy clerk of court may not also hold elective office as a justice of the peace.

Postedto Clerks website on January 26, 2012.

90-C-Public Records La. Const. Art. XII, La. R.S. 44:1 et seq. When the Assessor does not possess records in the particular format requested, the Public Records Act does not require the Assessor to obtain the information in the format demanded by the requester. If the Assessor provides access to an electronic version of the records requested, he should not be required to incur additional costs to make the record available in an alternative electronic format.

Postedto Clerks website on January 27, 2012.

78 Dual Officeholding La. R.S. 42:61 et seq. While the provisions of the Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., would not prevent an elected parish tax assessor from at the same time holding employment in the private sector, his private employment must not conflict with the duties imposed upon him in his capacity as tax assessor by constitutional an statutory authority.

Posted to Clerks website on September 7, 2011.

10-Clerk of Court 46-A-Fees and Costs 62-B-Acts & Bills; R. S. 40:2601, et.seq.; R. S. 40:2612; R.S. 40:2616; R. S. 13:4521 The 1997 legislative changes to R.S. 40:2612 provide that a claimant in a forfeiture procedure is no longer required to file or post a bond. Court costs assessed and related to a forfeiture and sale proceedings authorized by R. S. 40:2616(A) should be paid as a priority as set forth in R. s. 40:2616(B)(2), or paid by a claimant if included in a final judgment pursuant to R. S. 40:2612E.

Posted to Clerks website on May 4, 2012.

26-A Elections - La. R.S. 18:423(B); La. R.S. 18:1313(A) A member of a parish board of election supervisors has the statutory responsibility of performing duties assigned that office, notwithstanding that he is a candidate in the election. Thus, a member of a parish board of election supervisors who is also a candidate must count and tabulate absentee and early voting ballots in the election for the office he seeks.

Posted to Clerks website on September 7, 2011.

26-A Elections - Board of Supervisors, State Boards; Establishment of Election Precincts & Polling U.S. Const. XIV Amend. La. Const. Art. 1, sec. 3 La. R.S. 18:532.1 and La. R. S. 18:533 The phrase, "...the parish governing authority may divide a precinct into two or more precincts..." could provide you with the ability to allow a precinct to contain more than one election district. This will result in the elections in such a precinct to be conducted by the use of a "lock-out" so that voters in a single precinct cast ballots in only one of the election districts that share that precinct, corresponding to their voter registration.

Posted to Clerks website on July 1, 2011.

27 - Elections - Candidates, nomination & eligibility to run La. Const. Art. 1, sec. 10; La. R.S. 18:491, et seq.; La. R.S. 18:1405; A person who desires to qualify as a candidate for or hold an elective office, who has been convicted of a felony and who has served his sentence, but has not been pardoned for such felony, shall be permitted to qualify as a candidate for or hold such office only if the date of his qualifying for such office is more than fifteen years after the date of the completion of his original sentence.

Posted to Clerks website on August 16, 2011.

78 Dual Officeholding La. R.S. 33:1433; La. R.S. 42:63(E); La. C.C.P. art. 255. The Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., does not prohibit a full-time deputy clerk working for the Rapides Parish Clerk of Court from at the same time holding the position of deputy sheriff for the Rapides Parish Sheriff's Office, where the latter position is held on a part-time basis.

Posted to Clerks website on July 1, 2011.

Taxation - Collection & Enforcement against person and property La. R.S. 33:1236; La. R.S. 13:3888; La. R.S. 13:1275; La. R.S. 47:2131; La. Civ. Code art. 3338, Addresses various questions relating to the collection of grass and nuisance abatement liens.

Posted to Clerks website on January 2, 2013.

4 ASSESSORS 114-A-1 SUCCESSIONS La. C.C.P. Arts. 3421,et seq. The change in the definition of small succession made by Act 81 of the 2009 Louisiana Regular Legislative Session, which permits the use of the affidavit procedure to administer a small succession valued up to $75,000, is applicable only to those persons deceased on and after January 1, 2010.

PostedtoClerkswebsiteonSeptember8,2010.

10 CLERKS OF COURT Compensation & Fees; Powers & Duties; General. A Clerk of Court and ex officio Recorder of Conveyances Mortgages, and other acts may certify records with an electronic seal. Such electronic seal has the full effect of law. A state office, official or agency may not decline to accept a document electronically sealed and certified solely because it is not on paper.

Postedto Clerks websiteon February 10, 2011.

90 – C-Public Records La. R. S. 44:1 et. Seq. La. Const. art. XII, E-mails of a purely personal nature sent on a public e-mail account with no relation to public business are not public records subject to disclosure under La. R.S. 44:1(A)(2)(a).

Posted to Clerks website on September 1, 2011.

8-A-4 CLAIMS AGAINST THE STATE 46-A FEES & COSTS 90-A POLITICAL SUBDIVISIONS La. R.S. 13:4251 and 5112 Parishes are generally exempt from paying court costs according to La. R.S. 13:4521. However, La. R.S. 13:5112 creates an exception to this general rule providing that in a law suit against the parish, when a judgment has been rendered against the parish, the trial or appellate court in its discretion may order the parish to pay the successful party’s court costs. This exemption mandates the judgment to give a specific dollar amount the parish is to pay.

Posted to Clerks websiteon March 17, 2011.

10 CLERKS OF COURT La. R. S. 9:5701; La. C.C. art. 3501. The clerk of court may cancel a judgment that has not been revived after ten years regardless of whether the judgment is in favor of a charitable or educational institution and the cause of action underlying the judgment is a student loan, stipend, or benefit due to the charitable or educational institution.

Posted to Clerks websites on November 12, 2010.

15 COURTS 90 POLICE JURIES 46-A FEES AND COSTS 17 WITNESSES La. R. S. 15:255. Off duty law enforcement officers are to be paid their witness fees from a special fund established for that purpose and the Police Jury cannot be compelled and is prohibited from paying such fees with general fund monies.

Posted to Clerks websiteon October 29, 2010.

Courts; 8 - Bonds: Surety La. R.S. 14:74; La. R.S. 14:74(D)(3); La. R. S. 13:1568.1; La. C.C.P. art. 251; La. Ch.C. art 412; La. Ch.C. art 803; La.Ch.C. art. 825; C.Cr.P. art .324. The Orleans Parish Clerk of Court is tasked with the responsibility of maintaining the Court's records, including juvenile court records. In the event records are lost or unaccounted for in Juvenile Court and there is an unclaimed case appearance bond, the Court must exercise diligence in order to provide notice in an attempt to locate the bond owner for return of the bond. The type of diligence exercised may vary depending upon the information available to the Court and whether the defendant in the Juvenile Proceeding is an adult or a juvenile.

Postedto Clerks website on July 8, 2011.

10 - Courts; 46-A - Fees & Costs; 56-A Juries La. R.S. 13:3049.1; Potential jurors who were summoned to appear for jury service in the Twenty Fourth Judicial District Court for the Parish of Jefferson for the term of January 8, 2010, but who were not selected to serve on the petit jury for the only trial scheduled to begin jury selection for that term, should be compensated from the criminal court fund in accordance with La. R. S. 13:3049.1(C)(1).

Posted to Clerks website on July 26, 2011.

90 – Police Juries, Powers & Functions La. R. S. 33:4713; La. R. S. 13:784; La. Code Civ. Proc. art. 251 The Parish is obligated to provide the Clerk of Court reasonable and adequate security measures related to the function of her office, including security measures relating to the safekeeping and preservation of public records for which she is the legal custodian. However, because our offices not a finder of fact, we cannot opine as to whether the expenses associated with the specific requested additional security measures referenced in the request are quantitatively reasonable and thus must be provided by the Parish.

Sent to Clerks on June 26, 2009.

90-A-1 Public Funds & Contracts La. R.S. 6:319; La. R.S. 33:2955; La. R.S. 49:327 Addresses whether public bodies may utilize the Certificate of Deposit Account Registry Service and the Temporary Liquidity Guarantee Program. Recalls Atty. Gen. Op. No. 04-0252 in full and Atty. Gen. Op. No. 83-9 in part.

Sent to Clerks on July 7, 2011.

90 - C- Public Records La. R.S. 44:1 et seq. La. R.S. 44:1; La. R.S. 44:5; La. R.S. 44:11; La. R.S. 44:31; La. R.S. 44:32 A public employee's name, home address (when he or she has not requested it be kept confidential), physical location of work, mailing address of work, salary information, job title, date of hire, length of state service, reimbursed expenses, and overtime paid in dollars and/or hours is public record subject to production pursuant to public records request. La. R.S. 44:11 protects disclosure of a public employee's home address when the employee has requested such information be kept private. A public employee's date of birth, age, performance ratings and payroll deductions are protected from disclosure due to Louisiana constitutional right to privacy.

Sent to Clerks July 7, 2011.

10 Clerks of Court - Compensation & Fees; Powers & Duties, General La R.S. 40:2601 et seq.; La R.S. 15:32 Money seized in connection with investigations and state court prosecutions of alleged violations of the controlled substances law is only subject to forfeiture and distribution to designated criminal justice agencies for specified uses pursuant to the Seizure and Controlled Dangerous Substances Property Forfeiture Act and La. R.S. 15:32. A Clerk of Court may not use monies seized in drug investigations and held in the Clerk’s evidence room to pay his or her attorney’s fees incurred in the defense of contempt of court charges.

Sent to Clerks September 13, 2010.

80 Public Records La. R.S. 35:199, 44:101, 44:115, 44:116, 44:182, 44:183. The Clerk of Court for the Forty-First Judicial District Court should continue to book-bind and maintain permanent custody of all notarial records, as was required of the Orleans Parish Custodian of Notarial Archives prior to the consolidation of the custodian of notarial records, the recorder of mortgages, and the register of conveyances required by Act 621 of the 2006 Regular Session.

Sent to Clerks on July 1, 2011.

90-A-2 Public Funds - Loan, Pledge or Grants La. Const. Art. VII 14 (1974) There is no specific statutory provision that would authorize a municipality to create a wellness program that would consist of paying for flu shots for its interested employees; however, such expenditure is constitutionally permissible. The expenditure for the wellness program will serve a valid public purpose; it does not appear to be gratuitous because it will benefit the public; and the municipality has a reasonable expectation of receiving a benefit equivalent to the amount expended on payment of flu shots for its employees.

Sent to Clerks on July 7, 2011.

15 Courts 61 Laws - 73-A Notice Requirements -La.C.C.Civ.P. Art 4732; La.C.Civ.P. Art. 5059 The date of service of a rule for eviction is not counted in the computation of the time period for the trial of the rule.

Sent to Clerks on July 7, 2011.

4 Assessors La. R. S. 18:402; La. R.S. 18:583; La. R.S. 18:602; La. R.S. 18:654 If the unexpired term exceeds one year, then the governing authority shall issue a proclamation calling for a special election to fill the vacancy within ten days of a letter of retirement being received by the Secretary of State and the retirement becoming irrevocable. The election to fill the vacancy may be held prior to the effective date of retirement; however, the successor may not take office until after the effective date of retirement.

Sent to Clerks on July 7, 2011.

90-A-1 Public Funds & Contracts - La. R. S. 47:337.26, La. R. S. 47:15(8) Private auditing firms which are hired by political subdivisions to exam and audit tax payers must now under La. R. S. 33:2719 be compensated on an hourly rate basis plus reasonable expenses. However, the payment of such fees may be contingent on the actual collection of taxes. La. Atty. Gen. Ops. 09-0035 and 09-0035A are hereby recalled.

Sent to Clerks on April 23, 2009.

Clerks of Court - Elections – Conduct of Primaries and General LSA- R. S. 18:511(B) LSA-R.S. 18:512(B)– If, after the close of the qualifying period of candidates in a primary election, the number of candidates for public offices does not exceed the number of person to be elected to the office, the candidate for that office is declared elected by the people, and the name shall not appear on the ballot in either the primary or the general election. Since the candidate received no opposition, which implies unanimous election, then he is to be considered to have received the most votes, even though his name was not on the ballot and had no votes cast toward his election.

Sent to Clerks on September 17, 2009.

Law Offices Authority and Jurisdiction - La. R.S. 32:393(C)(1)(a) and (b) - The chief administrative officer of each traffic enforcement agency is required to maintain and file a record of the disposition of each traffic citation issued. The court or district attorney must send an abstract of the report to the Department of Public Safety and Corrections.

Police Jury Re-imbursements, Powers & Functions - La. Rev. Stat. 33:4713 - We are of the opinion that provided the purchases and expenditures incurred by the Sheriff are in accord with the mandate of La. Rev. Stat. 33:4713, the Council must reimburse the Sheriff for such reasonable expenses. This holds true even if the Sheriff failed to comply with the "pre-approval" process. Similarly, we believe the Tangipahoa Parish Council may refuse to reimburse the Sheriff for any expenses that are outside the purview of La. Rev. Stat. 33:4713.

Clerks of Court – Conveyance of Real Property - Mortgages – Public Records - Clerk of Court may adopt and implement a published plan and execute a contract which contains terms and conditions fulfilling the requirements of C.C.P. Art. 258 and La. R.S. 9:2601, et seq., for the recordation of electronic documents affecting immovable property. Electronic filing of recordable instruments pursuant to such plan and contracts will fulfill the registry requirements of the Civil Code, including Article 1839 and Title XXII– Of Registry. Electronic filing of recordable instruments will constitute due notice to third parties from the moment the Clerk of Court actually records a document in the appropriate conveyance or mortgage records and makes the indexed information available to the public.

Sent to Clerks on May 21, 2009.

Public Funds and Contracts – The City of Monroe may not use public funds to host strictly social gatherings for city employees

Sent to Clerks on May 21, 2009.

Elections – Commissioners; Elections – Board of Supervisors; Registrar of Voters - There should be at least a minimum number of commissioners and commissioners-in-charge at the precinct on Election Day as provided under La. R.S. 18:425. Election commissioners-in-charge and commissioners cannot leave the polling place on Election Day. However, they may take reasonable breaks so long as the breaks are taken in a prudent manner and the election process is neither stopped nor delayed.

Sent to Clerks on July 9, 2009.

Clerks of Court - Elections - Election Day for the registrar of voters ends when the Parish Board of Election Supervisors concludes its statutorily required duties are provided in the Election Code, La. R. S. 18:1 et seq.

Sent to Clerks on June 11, 2009.

-Laws - General -Based on the plain language of Act 590 of the 2008 Louisiana Regular Legislative Session ("Act 590"), which amended La. R.S. 38:2212 and 38:2212.1, it is the opinion of this office that the DeSoto Parish School Board does not meet the conditions of the exemptions pertaining to electronic bid requirements. As such, the DeSoto Parish School Board is required to comply with the provisions of Act 590.

Sent to Clerks on January 23, 2009.

Clerks of Court Mortgages - A mortgage to secure future obligations that does not describe the maturity of any obligation that it secures must be reinscribed within ten years from the date of the mortgage. Upon the receipt of a written signed application, the clerk of court shall cancel the recordation when such mortgage has not been reinscribed within ten years from the date of the mortgage.

Sent to Clerks on May 18, 2009.

Sheriffs - constables & Marshalls, including Ex-Officio Tax collectors, rights powers, & duties, in general - R.S. 13:3044(B)(5); R.S. 33:1428(A)(1) Service of the jury summons in civil proceedings by regular mail is proper under statutory provisions. The sheriff is authorized to charge twenty dollars for service of such jury summons, but he cannot charge, in addition, his actual postal expense for the mailing of that summons.

Sent to Clerks onJuly 7, 2011.

Public Funds - A political subdivision has authority to acquire property for any public purpose by purchase and is exempt from the assessment of ad valorem taxes and/or any proration thereof once title to the property in question is transferred to the public entity.

Sent to Clerks on January 23, 2009.

Public Records - Hand-held portable scanners may be used in the inspection of public records.

Sent to Clerks on December 29, 2008.

Dual Officeholding - Justice of the Peace - R.S. 42:63(D), R.S. 42:62(9) - While the dual officeholding laws do not prohibit a parish employee from running for or holding the office of justice of the peace, this elected official is subject to the Code of Judicial Conduct; further guidance from the Judiciary Commission is appropriate.

Justices of the Peace - Louisiana Code of Judicial Conduct Cannons 1, 2, 5 - A deputy sheriff may not also serve as a Justice of the Peace since this dual service raises the appearance of impropriety and impartiality in violation of the Code of Judicial Conduct.

Elections - Board of Supervisors - Any notice of the registrar's office being a polling location is solely a responsibility of the registrar of voters. There is no requirement that the Parish Board of Election Supervisors publish the registrar's office as a "polling place" under La. R.S. 18:535 because the registrar's office will not be a "polling place" on Election Day. However, there is no prohibition on the Board assisting the registrar in providing notice of the time and locations for Early Voting to the voting public.

Sent to Clerks on December 29, 2008.

Dual Officeholding - Sheriff - R. S. 42:66(L)(2)(a) - A deputy sheriff may at the same time hold the office of part-time constable of a justice of the peace court whose jurisdiction has a population of fifteen thousand or fewer persons according to the 1990 federal decennial census.

Sheriffs - Constables and Marshals - State legislator may not hold part-time appointive offices as deputy sheriff. (Kilpatrick) Op to Ms. E. Anne Dunn, Directory, House Legislative Services, Baton Rouge, LA Date Released: December 21, 2007.

Dual Officeholding Deputy Clerk - R. S. 18:444: R. S. 42:62(1): Dual officeholding provisions are inapplicable to deputy clerk's proposed membership with a party parish executive committee, as the latter position is not an elective office for purposes of dual-officeholding.

Dual Officeholding Police Juror - R. S. 42:61, et seq: R. S. 42:63(D); R. S. 42:62(9); R. S. 42:64(A)(5) and (6): Police juror may not also continue in his employment with the district attorney's office as the positions are incompatible.

Public Funds, Loan Pledge or Grants La. Const. VII - Employees of the Bogalusa Police Department may not take a paid vacation day off and work on that vacation day in order to draw both vacation pay and regular (and overtime). To do so would violate the provisions of the Louisiana Constitution Article VII, Section 14 of the Louisiana Constitution. (McGimsey) Op to Honorable Jerry W. Agnew, Sr., Chief of Police, Bogalusa Police Department, Bogalusa, LA Date Released: September 17, 2007

Clerks of Court Compensation and Fees; Powers and Duties, General - Addresses the effective dates of certain provisions in Act. No 621 of Louisiana 2006 Regular Session pertaining to; the creation of the 41st Judicial District Court; the collection and allocation of fees to the Clerks' Operational Fund and the Judicial Expense Fund; the election of the clerk of court for the 41st Judicial District Court; and the consolidation of the Orleans Parish Civil and Criminal District Courts

Elections - Qualifications and Disqualifications of Voters - A person who is incarcerated, but not yet convicted of a crime, has a right to vote. However the manner in which he votes must be absentee by mail and he is subject to all the laws which govern that manner of voting (Bryan) Op to Ms. Tabitha I. Gray, Attorney, Senate and Governmental Affairs, Louisiana State Senate, Baton Rouge, LA Date Released: August 3, 2007.

Elections - Campaign Practices - Political campaign signs cannot be displayed on buses owned and operated by the City of Monroe.

Dual Officeholding Deputy Sheriff - The dual officeholding and employment provisions do not, in general, prohibit one from holding two appointive offices and/or employments where one is held on a part-time basis. Thus, a person holding full-time parish employment and a deputy sheriff, who holds a full-time appointive office, may each (individually) apply for and hold the part-time position as recreation director for parish recreation district, where the parish home rule charter provisions and civil service rules do not prohibit same. (Kilpatrick) Op to Ms. Lisa Oregeron, Assistant District Attorney, 17th Judicial District, Thibodaux, LA Date Released : May 29, 2007.

Mines & Minerals - Perpetual mineral rights run with the life of emergent land. If a landowner is granted mineral interests in emergent lands, those interests revert to the State ownership if and when the land once again becomes inundated State water bottom. (Seidermann) Op. to Mr. Scott A. Angelle Department of Natural Resources, Baton Rouge, LA Date Released: September 17, 2007.

Public Fund & Contracts - Public funds may be used to disseminate factual, unbiased information which contains a public official's name and/or picture's) if the advertisement falls under one the exceptions listed on La.R.S. 43:111.1.