Hillar C. Moore, III, in his official capacity as District Attorney for East Baton Rouge Parish v. East Baton Rouge Parish Government

Opinion

HILLAR C. MOORE, III, IN HIS NO. 2026 CW 0828 OFFICIAL CAPACITY AS DISTRICT ATTORNEY FOR EAST BATON ROUGE PARISH

VERSUS

EAST BATON ROUGE PARISH GOVERNMENT, BY AND THROUGH THE PARISH OF EAST BATON ROUGE METROPOLITAN COUNCIL MEMBERS, IN THEIR OFFICIAL CAPACITIES, AND EMILE " SID"

AUGUST 10, 2026 EDWARDS, IN HIS OFFICIAL CAPACITY AS MAYOR - PRESIDENT OF EAST BATON ROUGE

In Re: Hillar C. Moore, III, in his official capacity as

District Attorney for East Baton Rouge Parish, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 777371.

BEFORE: WOLFE, STROMBERG, AND BALFOUR, JJ.

WRIT GRANTED. The portions of the district court' s July 13, 2026 judgment which granted the exception of nonjoinder filed by defendant, the Parish of East Baton Rouge, and ordered plaintiff

to amend the petition are reversed. The police juries of the

various parishes of the state of Louisiana are authorized to pay from their general fund any of the items of expense, as provided for, incurred by the several district attorneys of this state when acting in their official capacities. La. R. S. 16: 6. This statute places a mandatory duty on the police jury to fund the expenses of the District Attorney' s office, and a writ of mandamus is an

appropriate device to compel the police jury to perform its mandatory duty to fund these expenses of the district attorney. Reed v. Washington Parish Police Jury, 518 So. 2d 1044 ( La. 1988).

While we recognize there is no police jury governing the Parish of East Baton Rouge, the statute is likewise applicable to the Metropolitan Council, the governing body of the Parish of East Baton Rouge. See La. Atty. Gen. Op. 97- 473 ( February 2, 1998). Louisiana Revised Statute 16: 6 does not apply to municipalities. We find the exception of nonjoinder was improperly granted and is hereby denied.

EW

TPS KEB