| Advisory Opinion request from Barrett Beasley on behalf of Judge Stephen Beasley, 11th JDC in Sabine Parish, regarding the appropriate use of campaign funds. |
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Barrett Beasley is the report preparer for her husband, Stephen Beasley, who is a Judge in the 11th Judicial District in Sabine Parish. A recusal motion was filed against Judge Beasley in a criminal case over which he is presiding. The recusal involved allegations that he sent a text message to the defendant during plea negotiations. A recusal hearing was scheduled to be held on October 7, 2021. In anticipation of the hearing, Judge Beasley retained an attorney to elicit evidence about a person pretending to be the judge sending the text messages to the defendant. Prior to the hearing, the local public defender's office withdrew the Motion to Recuse, after it determined that Judge Beasley had no involvement with the text messages. Judge Beasley asks whether he can use campaign funds to reimburse himself for the legal fees he paid in connection with the recusal allegations.
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La. R.S. 18:1505.2I.(1): On and after January 1, 1991, contributions received by a candidate or a political committee 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; except that excess campaign funds may be returned to contributors on a pro rata basis, given as a charitable contribution as provided in 26 USC 170(c), given to a charitable organization as defined in 26 USC 501(c)(3), expended in support of or in opposition to a proposition, political party, or candidacy of any person, or maintained in a segregated fund for use in future political campaigns or activity related to preparing for future candidacy to elective office. However, the use of campaign funds of a candidate or his principal or subsidiary committees to reimburse a candidate for expenses related to his political campaign or his holding of a public office or party position shall not be considered personal use by the candidate. If a candidate is required by state or federal law to pay taxes on the interest earned by campaign funds of the candidate or any political committee of the candidate, the candidate may use the interest on which such tax is paid for such purpose. A payment from campaign funds shall not be considered as having been spent for personal use when the funds are used to replace articles lost, stolen, or damaged in connection with the campaign.
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To be discussed at meeting.
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| Assigned Attorney: |
David Bordelon |
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