§ 42:261 — District attorneys; counsel for boards and commissions

Louisiana § 42:261

• Jurisdiction: Louisiana
• Title 42: Public Officers and Employees

Text

§261. District attorneys; counsel for boards and commissions
A. Except as provided by Subsection C of this Section or as otherwise provided by
law, the district attorneys of the several judicial districts other than the parish of Orleans
shall, ex officio and without extra compensation, general or special, be the regular attorneys
and counsel for the parish governing authorities, parish school boards, and city school boards
within their respective districts and of every state board or commission domiciled therein,
the members of which, in whole or in part, are elected by the people or appointed by the
governor or other prescribed authority, except the state boards and commissions domiciled
at the city of Baton Rouge, and all boards in charge or in control of state institutions.
B. Except as provided by Subsection C of this Section or as otherwise provided by
law, all legal services for parish governing authorities, parish school boards, city school
boards and all state boards and commissions, including levee boards, hospital and asylum
boards, educational boards and dock boards, the members of which, in whole or in part, are
elected by the people or are appointed by the governor or other prescribed authority, in
reference to the issuance of bonds, notes or other evidences of indebtedness, whether in the
original instance or for refunding purposes, shall be under the supervision, control and
authority of the attorney general.
C. Notwithstanding the provisions of Subsections A and B of this Section or of any
other law, the governing authority of Terrebonne Parish may retain or employ, on a full or
part-time basis or on retainer, an attorney to serve as its regular or special attorney and in
such case may fix and pay the salary or compensation of said attorney. The employment of
an attorney under this authorization relieves the district attorney of responsibility.
D.(1) Except as otherwise permitted by this Section it shall be unlawful for any
parish governing authority or state board or commission to retain or employ for any
compensation whatever any attorney or counsel to represent it generally, or except as
provided in R.S. 42:263, to retain or employ any special attorney or counsel for any
compensation whatever to represent it in any special matter, or pay any compensation for any
legal services whatever, provided that the board of commissioners of the port of New Orleans
shall select its own attorney.
(2) The provisions of this Subsection shall not apply to the assessor of the parish of
Orleans, the salary of whose attorney is paid by the city of New Orleans, nor shall it apply
to the Board of Liquidation of the City Debt created by Act 110 of 1890.
E. Notwithstanding the provisions of this Section or any law to the contrary, the
Louisiana Board of Chiropractic Examiners may retain and employ counsel as specifically
provided in R.S. 37:2804(F), and the attorney general shall be relieved of his responsibility
to serve as attorney for the board, in such instances as provided therein.
F. Notwithstanding any other provision of this Section or any other law to the
contrary, nothing shall prohibit the governing authorities of the parishes of St. Charles,
Ouachita, Morehouse, Calcasieu, Vermilion, and Acadia from each employing or retaining
its own attorney to represent it generally; however, except in those specific instances where
expressly allowed by law, no payment to such attorney so employed or retained shall be
made on a contingent fee or other percentage basis. The employment of attorneys by the
political subdivisions of the aforementioned parishes shall relieve the district attorneys of the
judicial districts serving the parishes from any other duty of representing the political
subdivisions of the parishes.
G. Notwithstanding the provisions of this Section or any other law to the contrary,
the Recreation and Park Commission for the parish of East Baton Rouge may retain and
employ counsel as otherwise more specifically provided in R.S. 16:2.1 and the district
attorney shall be relieved of his responsibility to serve as attorney for the commission only
in such instances as provided therein.
H. Notwithstanding any other provision of this Section or any other law to the
contrary, and as a further exception to the general prohibition contained in this Section, any
hospital service district created by or pursuant to state law may employ or retain its own
attorney, the compensation of said attorney to be fixed and paid by the board of said district,
in which event the district attorney of the judicial district in which the hospital service
district is domiciled shall be relieved of the duty of representing said hospital service district.
I. Notwithstanding the provisions of this Section or of any other laws to the contrary,
the Natchitoches Parish School Board is hereby authorized to select its own attorney to serve
as general counsel of said board, the compensation of the attorney to be fixed and paid by the
board. The employment of an attorney by the school board shall relieve the district attorney
of the judicial district serving Natchitoches Parish from any duty to represent the school
board.
J. Notwithstanding the provisions of this Section or any law to the contrary, the
Louisiana Student Financial Assistance Commission may retain and employ counsel as
specifically provided in R.S. 17:3025 and the attorney general shall be relieved of his
responsibility to serve as attorney for the commission only in such instances as provided
therein. The compensation of said counsel shall be fixed and paid by the commission with
the approval of the governor.
NOTE: R.S. 17:3025 and the La. Student Financial Assistance Commission were
repealed by Acts 2017, No. 314

Legislative History

Amended by Acts 1952, No. 127, §16; Acts 1952, No. 264, §1; Acts 1960, No. 304, §1; Acts 1960, 2nd Ex. Sess., No. 5, §1; Acts 1964, No. 7, §1; Acts 1974, No. 479, §1; Acts 1974, No. 696, §1; Acts 1976, No. 140, §1; Acts 1976, No. 236, §1; Acts 1978, No. 315, §2; Acts 1978, No. 588, §2; Acts 1978, No. 612, §1; Acts 1979, No. 324, §2; Acts 1979, No. 507, §1; Acts 1980, No. 835, §1; Acts 1981, No. 734, §1; Acts 1982, No. 84, §1; Acts 1983, No. 184, §2; Acts 1983, No. 475, §§2, 3; Acts 1987, No. 267, §2; Acts 1988, No. 729, §1; Acts 1999, No. 384, §1; Acts 2001, No. 359, §2; Acts 2006, No. 622, §6, eff. Dec. 11, 2006; Acts 2011, 1 st Ex. Sess., No. 35, §1; Acts 2016, No. 168, §1; Acts 2018, No. 30, §2, eff. May 10, 2018.