| Advisory opinion as to whether Matthew Caplan may contract to provide services for the 16th Judicial District Court while he is employed as an assistant district attorney with the 22nd Judicial District Court. |
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Matthew Caplan is currently employed as a full-time assistant district attorney with the 22nd Judicial District Court. He is primarily responsible for handling criminal cases subsequent to the conviction of an offender including appeals. The district attorney for the 16th Judicial District Court has asked Mr. Caplan to handle an appeal arising from a case in the 16th Judicial District Court. He would handle this case on a contractual basis and would be compensated for his services.
The district attorney for the 22nd Judicial District Court has no contractual, business, or other financial relationship with the 16th Judicial District Court. If permitted to perform work for the 16th Judicial District Court, Mr. Caplan would use data and ideas that are publicly available such as statutes and jurisprudence; only work outside of his normal working hours; and use equipment and resources that are his own private property.
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La. R.S. 42:1113A(1)(a) states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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