| Advisory opinion regarding whether the Code of Governmental Ethics prohibits an assistant district attorney who is the IV-D Support Enforcement Prosecutor for her office can also contract with the Louisiana District Attorneys Association to serve as the IV-D Liaison Staff Attorney with the Department of Children and Family Services. |
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The Louisiana District Attorneys Association (LDAA) is a not-for-profit organization created in 1973 to promote the orderly administration of justice, assist District Attorneys and Assistant District Attorneys with their mutual problems, and provide them a platform with which to meet and discuss shared concerns and goals. The LDAA is seeking to hire a staff attorney to serve as the LDAA's IV-D Liaison Staff Attorney, which position serves as the state's liaison between the Department of Children and Family Services ("DCFS") and the forty-two elected Louisiana District Attorneys on behalf of the LDAA to assist the state with the administration of DCFS' support enforcement state program. The LDAA has a contract with DCFS to fund 80%of the IV-D Staff Attorney salary. The LDAA position is a full-time position.
Each of the forty-two elected Louisiana District Attorneys hire attorneys within their offices to handle the state support enforcement (IV-D) court proceedings. The elected district attorneys may hire either a full-time or part-time attorney to handle the individual cases in the courts within their jurisdictions. Like the LDAA, each of the elected Louisiana District Attorneys have their own separate state contract with the DCFS to provide the daily support enforcement litigation services within the courtrooms.
A current assistant district attorney who is the IV-D Support Enforcement Prosecutor in her office seeks to become the full-time IV-D Liaison Staff Attorney and maintain her full-time employment with the local district attorney's office.
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La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
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 devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
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Allow withdrawal of request for advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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