| Advisory opinion request regarding whether an Assistant District Attorney for the 21st Judicial District Court and his law firm may represent individuals and corporations that lobby the East Baton Rouge Parish Metro Council on certain issues. |
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Greg Murphy is an Assistant District Attorney for the 21st Judicial District Court. He would like to know if he and his law firm, Morain & Murphy, may represent individuals and corporations that lobby the East Baton Rouge Parish Metro Council on certain issues. Mr. Murphy does not act as an Assistant District Attorney in East Baton Rouge Parish and has no financial connection with the East Baton Rouge Parish Metro Council or the East Baton Rouge Parish District Attorney's Office. The salary he receives as an Assistant District Attorney for the 21st Judicial District Court is not paid or supplemented by any monies from the East Baton Rouge Parish Metro Council.
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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(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services 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 Section 1115(A)(1) or (B) from receiving a gift. La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing 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 servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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