| Advisory opinion regarding whether Sheriff Royce Toney of Ouachita Parish, may use his campaign funds to pay legal fees that he incurred in connection with the defense of charges contained in an indictment. |
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Sheriff Toney has been indicted in the Western District of Louisiana. The indictment states that "At all relevant times herein the defendant was the elected Sheriff of Ouachita Parish." The conduct described in Counts 1-10 allege that Sheriff Toney used the Sheriff's office computer system to track the communications of a former employee of the Ouachita Parish Sheriff's office (OPSO). Counts 11-19 allege that Sheriff Toney used the identity of another to access e-mails with the intent to commit fraud and related activity in connection with office computers. Count 20 alleges that Sheriff Toney obstructed justice by tampering with a criminal investigation of the FBI by reformatting and installing a new operating system in the Sheriff's office. Count 21 alleges that Sheriff Toney retaliated against a victim in an internal affairs investigation.
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R.S. 18:1505.2I provides that "contributions received by a candidate may be expended for any lawful purpose, but such funds shall not be used, loaned, or pledged by any person for any personal use unrelated to a political campaign, the holding of a public office or party position, or, in the case of a political committee, other than a candidate's principal campaign committee or subsidiary committee, the administrative costs or operating expenses of the political committee."
In 2002-819, the Board concluded that J. Edward Layrisson could use his campaign funds to defend himself in connection with a federal investigation that he owned video poker establishment and received a bribe.
In 2005-011, the Board concluded that Mr. Jordan could use his campaign funds to pay legal costs incurred in connection with his defense of the discrimination lawsuit filed by former employees of the DA's office.
In 2006-619, the Board concluded that Arthur Lawson, Chief of Police for Gretna, could use his campaign funds for his legal defense incurred with criminal charges.
In 2007-326, the Board concluded that Mr. Will Langlinais could use campaign funds to pay for legal fees incurred in preparing a response to the findings of the Legislative Auditor.
In 2007-556, the Board concluded that Will Langlinais was prohibited from using his campaign funds to pay for legal fees incurred in connection with civil and criminal matters when he plead guilty. In opinions involving the use of campaign funds for legal fees for criminal charges when a guilty plea is entered or finding of guilt is made, the Board concluded that the use of campaign funds for such legal fees is prohibited.
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Adopt the advisory opinion.
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| Assigned Attorney: |
Aneatra Boykin |
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