Meetings
 
Agenda Item
Docket No. 13-690
 
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RE:
Advisory opinion request regarding whether Margaret Duhon may provide court reporting services at the 15th Judicial District Court after her retirement.
Facts:
Margaret Duhon is currently employed by the Lafayette Consolidated Government, Vermilion Parish Police Jury, and Acadia Parish Police Jury. She works as an official reporter for Judge David Blanchet of the 15th Judicial District Court and has plans to retire within the next two years. After her retirement she is considering substituting as a reporter for the reporters of the 15th Judicial District Court when called to do so. She would be paid by either the court reporter needing replacement or by the Judicial Expense Fund of the 15th Judicial District Court.
Comments:
Additional information obtained regarding how absent court reporters are handled at the 15th JDC:

Throughout the 15th JDC court reporters are responsible for finding their own replacement if they will be absent. If a court reporter is unable to find a replacement because they are too ill, the Court Administrator will take care of it. Court reporters are allowed 7 days a year of sick leave. When a court reporter obtains a replacement, their substitute invoices the Judicial Expense Fund and one of the court reporter's 7 sick days is used. Any time beyond the 7 days is paid directly by the court reporter to the substitute.

Court reporters are required to serve up to 5 days a year without being paid. Ms. Duhon stated that certain court reporters at the 15th JDC regularly fill in for their co-workers without being paid. All of the judges at the 15th JDC work in the same manner because everything is handled by the Court Administrator. Ms. Duhon stated that if she were to work as a substitute court reporter after her retirement, she would likely always be paid by the Judicial Expense Fund after she submitted an invoice for the court reporter's paid sick leave days. Any income she receives from the Judicial Expense Fund would be reported on a 1099 form because she would no longer be an employee.

Law:
Section 1121B(1) of the Code of Ethics states that no former public employee shall, for a period of two years following the termination of his public employment assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he is formerly employed.

Section 1121B(1) also states that a former public employee, for a period of two years following the termination of his public employment may not render any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2013-690 Draft Advisory Opinion (3)
2013-690- Advisory Opinion Request