§ 49:257 — Legal representation of certain state agencies

Louisiana § 49:257

• Jurisdiction: Louisiana
• Title 49: State Administration

Text

§257. Legal representation of certain state agencies
A. Notwithstanding any other law to the contrary and in addition to any other
powers, duties, or authority granted to the attorney general and the Department of Justice by
the constitution and laws of the state, the attorney general shall represent the state and all
departments and agencies of state government in all litigation arising out of or involving tort
or contract.
B.(1) In all litigation whereby a state agency, board or commission, including levee
boards, appoints, employs, or contracts private legal counsel to represent the state or a state
agency, board or commission, including levee boards, pursuant to R.S. 39:1538, R.S. 42:262,
R.S. 49:258, or this Section, the secretary of the department, or the head of the state agency,
or the board or commission, including levee boards, shall consistently maintain accurate data
on legal contracts, legal costs, and all final judgments, all of which shall be reported to the
attorney general. At the same time as all final judgments are reported to the attorney general,
they shall also be reported to the commissioner of administration, the Senate Committee on
Finance, and the House Committee on Appropriations. The report shall be in writing or
submitted electronically, as determined by the attorney general, and submitted quarterly. The
attorney general, in consultation with the commissioner of administration, shall prepare and
submit an annual report to the legislature no later than the first day of the regular session, and
shall submit quarterly updates of the report to the division of administration, the Senate
Committee on Finance, the House Committee on Appropriations, and the legislative fiscal
office. The Department of Justice shall implement procedures to carry out the provisions of
this Subsection no later than December 1, 2018.
(2) The attorney of record or the prevailing party shall submit a certified copy of the
final judgment to the Senate Committee on Finance and the House Committee on
Appropriations for the consideration of an appropriation to pay the judgment.
C. Notwithstanding any other law to the contrary, the attorney general, at his
discretion, shall represent or supervise the representation of the interests of the state in any
action or proceeding in which the constitutionality of a state law or of a resolution of the
legislature is challenged or assailed. In all other proceedings in which the constitutionality
of a law is assailed, the attorney general shall be served notice or a copy of the pleading. The
attorney general, at his discretion, shall be permitted to present, represent, or supervise the
representation of the state's interest in the proceeding if the proceeding is in accordance with
Code of Civil Procedure Articles 855.1 and 1845 and Code of Criminal Procedure Article
62(D). In any civil proceeding challenging the constitutionality of a law, the allegations of
unconstitutionality shall be contained in a pleading as defined in Code of Civil Procedure
Article 852.
D. In all litigation referenced in Subsection A of this Section, the governor, the
secretary of the department, or head of the state agency as the case may be, and the attorney
general shall have authority to determine the purposes of the state, the department, or the
state agency, as the case may be, to be served by the litigation or by the making of an offer
or the acceptance of an offer to settle or compromise such litigation.
E. Nothing in this Section, in R.S. 49:258, and in Chapter 16-A of Title 39 of the
Louisiana Revised Statutes of 1950 shall prohibit any department of state government from
employing a general counsel and such other attorneys as may be necessary to provide legal
consultation, representation, and such other legal services as are not provided for under such
provisions of law. However, all private legal counsel shall be chosen only in accordance
with the provisions of R.S. 49:258, and subject to the authority granted to the attorney
general by Article IV, Section 8 of the Constitution of Louisiana.
F. Nothing in this Section or in R.S. 39:1533 shall in any way impair, limit, or
modify the rights and obligations of any insurer under any policy of insurance nor shall it
affect any claims or suits handled pursuant to R.S. 39:1527 et seq.
G.(1)(a) Pursuant to constitutional and statutory authorities granted him, and upon
the written request of an agency of the state, the attorney general may undertake debt
collection activities to pursue debts owed the agency. Such activities shall be performed in
accordance with the terms of a written agreement between the agency and the attorney
general, and the attorney general shall receive as compensation an amount not to exceed
twenty-five percent of the total monies recovered through activities undertaken pursuant to
the agreement. In all such debt collections, the attorney general and the state agency shall
determine whether the interests of the state are best served by litigation or by the making of
an offer or the acceptance of an offer to settle or compromise litigation or debts owed the
state. For purposes of this Subsection, "agency" or "state" shall mean the state, its
departments, agencies, boards, and commissions.
(b) The provisions of this Paragraph shall not apply to authorities of the attorney
general and collection activities provided for under R.S. 9:4751 et seq., R.S. 18:1400.6, R.S.
46:1 et seq., and R.S. 47:1516.1.
(c) The provisions of this Paragraph with respect to compensation to be paid the
attorney general shall not apply to debt collection activities concerning student loans issued
pursuant to the Federal Family Education Loan Program, 20 U.S.C. 1071 et seq., the Federal
Perkins Loan Program, 20 U.S.C. 1087aa et seq., and all educational debts that are evidenced
by a contract or negotiable instrument that provides for the payment of collection costs or
attorney fees and are collected by the Louisiana Student Financial Assistance Commission
or are collected on behalf of institutions under the jurisdiction of boards created by Article
VIII of the Constitution of Louisiana.
(d) The provisions of Subsection G of this Section shall not be construed to authorize
the attorney general to execute or enter into contingency fee contracts with private entities
with respect to debt collections on behalf of the state.
(2) There is hereby established in the state treasury a special fund to be known as the
Department of Justice Debt Collection Fund, hereinafter referred to as the "fund". The fund
shall be comprised of monies received by the attorney general as compensation for any debt
collection activities undertaken pursuant to the provisions of this Subsection or any other
provision of law. Monies in the fund shall be subject to annual appropriation to the
Department of Justice solely for support of debt collection activities and general operating
expenses. Monies so appropriated shall be used to supplement the department's budget and
shall not be used to displace, replace, or supplant appropriations from the state general fund
for operations of the department below the level of state general fund appropriation for the
foregoing year. All unencumbered and unexpended monies in the fund at the end of the
fiscal year shall remain in the fund. Monies in the fund shall be invested by the treasurer in
the same manner as those in the state general fund, and any interest earned on such
investment shall be deposited in and credited to the fund.

Legislative History

Acts 1988, No. 448, §5, eff. July 1, 1988; Acts 2005, No. 435, §2, eff. July 11, 2005; Acts 2006, No. 611, §1; Acts 2018, No. 627, §2; Acts 2019, No. 362, §8, eff. June 11, 2019; Acts 2024, 2nd Ex. Sess., No. 12, §3.