| Advisory opinion request regarding whether Charles Griffin is prohibited from representing criminal defendants in the 20th Judicial District Court, located in East and West Feliciana Parishes, while his wife, Kristi Griffin, is employed as a prosecutor with the 20th Judicial District Attorney's Office. |
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Kristi Griffin was recently hired as a prosecutor by the 20th Judicial District Attorney's Office. Charles Griffin, Kristi's husband, represents criminal defendants in the 20th Judicial District Court.
Pursuant to La. R.S. 16:1C, the district attorney or his designated assistant "shall have charge of every criminal prosecution by the state in his district, be the representative of the state before the grand juries in his district, and be the legal advisor to the grand juries." As set forth in Article V of the Louisiana Constitution and the relevant statutory provisions, the 20th Judicial District Court has the original jurisdiction of and the power to decide all criminal matters in the district.
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La. R.S. 42:1111C(2)(d) prohibits a public servant or legal entity in which he exercises control or owns an interest in excess of 25% from receiving any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115A(1) or B from receiving a gift.
La. R.S. 42:1115B(2) prohibits a public employee from soliciting or accepting, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public employee knows or reasonably should know that such person has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1113A prohibits a public servant, any member of his immediate family, or a legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the public servant's agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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