| Advisory opinion request regarding post-employment restrictions that would apply to J. Albert Ellis, the former Monroe Regional Office Chief for the Attorney General's Office. |
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J. Albert Ellis provided the following background information for consideration in connection with his request: Mr. Ellis was employed as the Office Chief of the Monroe Regional Office within the Litigation Division of the Attorney General's Office from August 2008 until July 21, 2014. Prior to his appointment as the Monroe Office Chief, Mr. Ellis was employed as an assistant attorney general (AAG) in the Alexandria Regional Office since 1999.
The Monroe Regional Office (Monroe Office) is responsible for representing the State of Louisiana, and its departments, agencies, boards and commissions and their officers, officials, employees, and agents in suits pending in the parishes of Ouachita, Morehouse, East Carroll, West Carroll, Richland, Franklin, Madison, Caldwell, and Tensas. As the Monroe Office Chief, Mr. Ellis supervised the litigation staff and managed and oversaw all of the cases assigned to the Monroe Office. He reviewed all new case assignments, which consisted of a copy of the petition, coversheet, and transmittal memo, from the Litigation Director. If Mr. Ellis knew either the parties involved or the filing attorney, then he would immediately recuse himself and the Monroe Office. Thereafter, he would return the case package to the Litigation Director and typically a contract attorney would be hired or the case would be assigned to another satellite office.
Sometime in 2014, Mr. Ellis received a case that had been filed by one of his former law partners from his time in private practice prior to 1999. Upon reading his former law partner's name on the coversheet, Mr. Ellis did not read the Petition. He followed his normal recusal process and the case was contracted out to private counsel. However, unbeknownst to Mr. Ellis, the Litigation Director allowed the AAG in the Monroe Office to keep the file open and monitor that case. On that singular case the AAG reported to the Alexandria Office Chief or the General Liability Section Chief. Following the termination of his public employment on July 21, 2014, Mr. Ellis returned to private practice.
In October 2014, he was asked by his former law partner to assist with the case in question. Prior to taking any action in the case, Mr. Ellis was made aware of the potential violation of the Code.
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Mr. Ellis has also contacted the Louisiana State Bar Association regarding these issues.
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La. R.S. 42:1121A(1) provides that no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121B(1) provides 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 was formerly employed, or for a period of two years following termination of his public employment, 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.
La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
La. R.S. 42:1121D provides that no former public servant shall share in any compensation received by another person for assistance which such former public servant is prohibited from rendering by this Section.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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