Skip to content
Justice of the Peace

Dual Officeholding

Louisiana’s dual officeholding and dual employment laws regulate when public officials may hold multiple positions simultaneously. As local elective officers, Justices of the Peace and Constables are subject to these restrictions, which are designed to promote public confidence in government.

RS 42:61RS 42:66

General Prohibitions

Section titled “General Prohibitions”

Justices of the Peace and Constables are generally prohibited from holding:

  1. Federal positions — Any elective office, appointive office, or employment in the United States government or another state’s government

  2. State elective office — Any other elective office in Louisiana state government

  3. Local elective office — Any other elective office in a political subdivision

  4. Full-time appointive office — Any full-time appointive position in state or local government

  5. Incompatible offices — Any office or employment that is incompatible with the duties of JP or Constable

RS 42:63RS 42:64

What Is Permitted

Section titled “What Is Permitted”

Part-Time Local Positions

Section titled “Part-Time Local Positions”

Part-time appointive offices and part-time employment with local government are generally permitted, subject to specific exceptions and the Code of Judicial Conduct for JPs.

Military Service

Section titled “Military Service”

The dual officeholding laws do not prohibit serving as:

  • An officer in the military service of the United States detailed to educational institutions
  • A member of the National Guard
  • A member of reserve military forces of the United States or Louisiana
RS 42:66(A)(2)

Common Scenarios

Section titled “Common Scenarios”

Constable as Deputy Sheriff

Section titled “Constable as Deputy Sheriff”
  • Full-time deputy sheriff: Generally prohibited unless both positions were held prior to January 1, 1997 and certain population requirements are met
  • Part-time deputy sheriff: Permitted

Constable as Municipal Police Officer

Section titled “Constable as Municipal Police Officer”

The dual officeholding laws do not prohibit a constable from holding full-time employment as a municipal police officer. However, civil service rules in some jurisdictions may prevent classified police officers from engaging in political activity.

School Teachers

Section titled “School Teachers”

School teachers and other persons employed in a professional educational capacity may simultaneously hold an appointive or elective office.

RS 42:66(B)

Special Rules for Justices of the Peace

Section titled “Special Rules for Justices of the Peace”

Justices of the Peace are judicial officers subject to additional restrictions under the Code of Judicial Conduct. Before assuming any other position with a public office or entity, a JP should consult the Judiciary Commission for a determination of whether such employment is allowable.

Judiciary Commission of Louisiana 400 Royal Street, Suite 1190 New Orleans, Louisiana 70130 (504) 310-2550

Incompatible Offices

Section titled “Incompatible Offices”

Certain offices are considered inherently incompatible and may not be held simultaneously. Offices are incompatible when:

  • The duties of one office conflict with the duties of the other
  • One office exercises supervision or control over the other
  • Public policy requires separation of the functions
RS 42:64

Violations and Penalties

Section titled “Violations and Penalties”

Court Action

Section titled “Court Action”

If a person is found in violation of dual officeholding laws, the court may:

  • Declare the office with the term first to expire vacant
  • Enjoin the person from carrying out the duties of that office
  • Order reimbursement of compensation received (up to six months before filing)

Continuing to Serve

Section titled “Continuing to Serve”

A person holding elective office must continue to serve and perform duties until a successor qualifies, even if found in violation.

Safe Harbor

Section titled “Safe Harbor”

No reimbursement may be ordered if the person:

  • Obtained an Attorney General opinion before the lawsuit stating the positions do not violate dual officeholding laws, OR
  • Leaves the position within 14 days after written notice of the violation

Home Rule Charter Provisions

Section titled “Home Rule Charter Provisions”

Special state laws or home rule charter provisions are controlling over the general dual officeholding statutes. Specific situations may require analysis of both general law and applicable charter provisions.

Seeking Guidance

Section titled “Seeking Guidance”

Before accepting additional positions, JPs and Constables may seek guidance from:

  • Attorney General’s Office — For dual officeholding opinions
  • Judiciary Commission — For JPs regarding Code of Judicial Conduct compliance
  • Parish Attorney — For local charter and ordinance interpretation
Section titled “Related Topics”