| Advisory opinion request regarding whether an Assistant District Attorney for the 39th Judicial District in Red River Parish may accept a private counsel position with the City of Coushatta and/or the Red River Parish Port Commission. |
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La. R.S. 42:261 requires district attorneys to "be the regular attorney and counsel for the parish governing authorities, parish school boards, and city school boards within their respective districts and of every state board or commission domiciled therein." However, La. R.S. 42:261.1 relieves the district attorney of responsibility to serve as counsel for these boards if it chooses to employ and pay its own private attorney. The Red River Parish District Attorney's Office has never represented the Red River Parish Port Commission in any matter. A city school board does not exist for the City of Coushatta.
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La. R.S. 42:1113A(1)(a) of the Code prohibits public servants, their immediate family members, or legal entities in which they have a controlling interest, from entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is substantially devoted to the responsibilities, programs, or operations of the public servant's agency and in which the public servant has participated.
La. R.S. 42:261 requires the district attorneys of the several judicial districts to be the regular attorneys and counsel for the parish of every state board or commission domiciled therein.
La. R.S. 42:261.1 states that each parish and city school board in the state may select, employ, fix the salary of and pay its own general attorney, in which case the district attorney shall be relieved of responsibility to serve as counsel for such board.
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Adopt the proposed the advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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