Agenda Item
Docket No. 13-106
Reconsideration of an advisory opinion request regarding whether Judge Robert Murphy, of the Fifth Circuit Court of Appeal, may use his campaign funds to pay two weeks pay to an employee.
Judge Murphy is asking for reconsideration of the matter. Specifically, he would like for the Board to reconsider the proposed payment of campaign funds to the law clerk that provided services to him in December without compensation. Judge Murphy states that at the time that the individual provided the services to him, she was not an employee of the Fifth Circuit. The individual provided assistance to Judge Murphy in December of 2012. He was elected to take office in January of 2013 and needed assistance in preparation of 18 cases that were to be heard after he took office. The individual was not employed by the Fifth Circuit until January of 2013. Judge Murphy states that it would have been impossible for him to perform his duties as a Judge without the assistance of the individual during the two week period of time.
At the Board's March meeting the Board determined that Section 1505.2I of the CFDA would prohibit Judge Murphy from using his campaign funds to supplement the COBRA expenses or two weeks pay for employees of the Fifth Circuit Court of Appeals.
R.S. 18:1505.2I provides that campaign funds may not be used for any personal use unrelated to the candidate's campaign or his holding of public office. This Subsection also provides that excess funds may be used for a future campaign; returned to contributors on a pro-rata basis; given as charitable contributions as provided in 26 USC 170(c) or contributions to 501(c)(3) organizations; or in support of or opposition to a proposition, political party, or candidate. Section 1111A of the Code prohibits a public servant from accepting anything for the performance of their public duties other than the compensation and benefits that they are duly entitled to for their public service.
Adopt the revised advisory opinion.
Assigned Attorney: Aneatra Boykin
2013-106 reconsideration.docx
2013-106 reconsideration