§ 13:2564.3 — Legal representation by the attorney general

Louisiana § 13:2564.3

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§2564.3. Legal representation by the attorney general
A. It is hereby declared to be the public policy of this state that the state, through the
attorney general, shall provide legal representation to a parish court judge of this state in all
claims, demands, or suits, if such claim, demand, or suit arises out of the discharge of his
duties and is within the scope of his office and such claim, demand, or suit did not result
from the intentional wrongful act or gross negligence of the parish court judge.
B. Within five days after a parish court judge is served with any summons,
complaint, process, notice, demand, or pleading, he shall deliver the original or a copy
thereof to the attorney general. If, after thorough investigation by the attorney general, it
appears that the parish court judge was not acting in the discharge of his duties and within
the scope of his office at the time of the alleged act or omission, or that he was acting in an
intentionally wrongful manner or was grossly negligent, the attorney general's office shall
decline representation and the state shall not be responsible for providing any representation
to the parish court judge.
C. The decision of the attorney general not to defend a parish court judge and any
and all information obtained by him as a result of the investigations conducted pursuant to
Subsection B of this Section shall be considered confidential and shall not be admissible as
evidence in any legal proceeding and no reference thereto shall be made in any trial or
hearing.
D. Nothing in this Section shall in any way impair, limit, or modify the rights and
obligations of any insurer under any policy of insurance or impair the right of the individual
to obtain private counsel in his own behalf.
E. This Section shall not be construed as creating a right of indemnification by a
parish court judge against the state for any claim, demand, suit, or judgment whatsoever.

Legislative History

Acts 2016, No. 476, §1.