| Request for an advisory opinion, submitted by attorneys Ethan P. Arbuckle and Rhys E. Burgess, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit them from entering into an agreement with Sevy Title, LLC to provide loan closing and title services. |
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Messrs. Arbuckle and Burgess are both practicing attorneys with general civil practices in DeSoto Parish (where they share office space), in addition to serving as assistant district attorneys in DeSoto Parish. They have been contacted by Sevy Title, LLC, a title company owned and operated by Bridget Verret (as her separate property) and located in Bossier Parish. Mrs. Verret has requested that their office(s) facilitate all closings of loan/title work Sevy Title, LLC conducts in DeSoto Parish in exchange for a split of the closing fees. Mrs. Verret's husband is a criminal defense attorney in Bossier Parish, who also handles some criminal matters in DeSoto Parish.
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La. R.S. 42:1102(20.1) defines "service" to mean the performance of work, duties, responsibilities, or the leasing, rental, or sale of movable or immovable property.
La. R.S. 42:1111(C)(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by 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 obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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