§259. Department of Justice Legal Support Fund
A.There is hereby established in the state treasury a special fund to be known as the
Department of Justice Legal Support Fund, hereinafter referred to as the "fund". The fund
shall be comprised of proceeds recovered by the attorney general on behalf of the state from
court judgments, settlements, fines, fees, forfeitures, and penalties; from the recovery or
award of any attorney fees as provided in R.S. 42:262; or from proceeds recovered by the
attorney general from any other source, which revenues are received by the attorney general
for deposit into the fund, except those judgments and recoveries made on or pertaining to any
office of risk management litigation, litigation involving the Department of Conservation and
Energy or the Departme
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§259. Department of Justice Legal Support Fund
A. There is hereby established in the state treasury a special fund to be known as the
Department of Justice Legal Support Fund, hereinafter referred to as the "fund". The fund
shall be comprised of proceeds recovered by the attorney general on behalf of the state from
court judgments, settlements, fines, fees, forfeitures, and penalties; from the recovery or
award of any attorney fees as provided in R.S. 42:262; or from proceeds recovered by the
attorney general from any other source, which revenues are received by the attorney general
for deposit into the fund, except those judgments and recoveries made on or pertaining to any
office of risk management litigation, litigation involving the Department of Conservation and
Energy or the Department of Environmental Quality, or to the settlement funds, judgments,
or final disposition of the claims asserted in State of Louisiana v. BP Exploration &
Production, et al., consolidated with In Re: Oil Spill by the Oil Rig "Deepwater Horizon" in
the Gulf of Mexico, on April 20, 2010, MDL No. 2179 (E.D. La.) (hereinafter "DWH
litigation"), as provided in Subsection D of this Section.
B.(1) After satisfying the requirements of the Bond Security and Redemption Fund
as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall
transfer into the fund each fiscal year from proceeds received as provided in Subsection A
of this Section an amount which together with the balance in the fund as of each July first
is sufficient to bring the balance in the fund to fifteen million dollars annually. Annual
deposits into the fund shall not exceed a total of fifteen million dollars, and the balance of
the fund shall not exceed fifteen million dollars. Any proceeds received as provided in
Subsection A of this Section, after making the total annual deposit into the fund of fifteen
million dollars, shall be deposited into the state general fund.
(2) The attorney general shall notify the state treasurer, the Joint Legislative
Committee on the Budget, and the commissioner of administration immediately upon receipt
of any proceeds received as provided in Subsection A of this Section.
C.(1) The monies in the fund shall be annually appropriated to the Department of
Justice solely for the purposes of defraying the costs of expert witnesses, consultants,
contract legal counsel, technology, specialized employee training and education, and public
education initiatives. Monies in the fund may also be used to defray the expense of
employees hired, including attorneys and support staff, and to pay related expenses to
represent the state.
(2) No employee salary or wages or other expenses, to be paid from the recovery or
award of any attorney fees as provided in R.S. 42:262, including the recovery or award of any
attorney fees resulting from the Court Order [Regarding Payment of the Gulf States'
Attorneys' Fees and Costs] (Rec. Doc. 15441) issued in the DWH litigation on October 5,
2015, shall be paid by the Department of Justice, until funding is approved by the Joint
Legislative Committee on the Budget.
(3) Each fiscal year, monies shall be deposited into the fund in an amount sufficient
to bring the unencumbered balance in the fund to fifteen million dollars.
D. Notwithstanding the provisions of Subsection A of this Section, no proceeds shall
be deposited into the fund from court-awarded judgments and settlements involving the
Department of Conservation and Energy as specified in R.S. 30:136.3(B)(1), nor any
judgments, settlements, or recoveries which are designated for credit to the Hazardous Waste
Site Cleanup Fund, the Environmental Trust Dedicated Fund Account, or any other funds
administered by the Department of Environmental Quality under the Environmental Quality
Act. Notwithstanding the provisions of Subsection A of this Section, no proceeds shall be
deposited into the fund from court-awarded judgments and settlements involving the
Department of Transportation and Development. Notwithstanding the provisions of
Subsection A of this Section, no proceeds shall be deposited into the fund from judgments,
settlements, or recoveries arising from the DWH litigation, including but not limited to
litigation expenses, assessment costs, court costs, or attorney fees.
E. All unexpended and unencumbered monies in the fund at the end of a 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 state general fund.
Acts 2004, No. 586, §1, eff. June 29, 2004; Acts 2005, No. 420, §1, eff. July 1, 2006;
Acts 2010, No. 1033, §1, eff. July 1, 2010; Acts 2014, No. 796, §2, eff. June 19, 2014; Acts
2016, No. 601, §4, eff. June 17, 2016; Acts 2018, No. 612, §16, eff. July 1, 2020; Acts 2019,
No. 404, §1, eff. July 1, 2020; Acts 2023, No. 150, §20, eff. Jan. 10, 2024; Acts 2024, No.
723, §6, eff. July 1, 2025.