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La. Rev. Stat. § 16:2 (2026)

Duty of district attorney to act as counsel for parish boards and commissions

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§2. Duty of district attorney to act as counsel for parish boards and commissions

            A. The district attorneys of the several judicial districts of Louisiana, other than the parish of Orleans, shall ex officio be the regular attorneys and counsel for the police juries, parish school boards, and city school boards within their respective districts and of every state board or commission domiciled therein, including levee boards, hospital and asylum boards, education boards, and all state boards or commissions the members of which, in whole or in part, are elected by the people or appointed by the governor or other prescribed authority, except state boards and commissions domiciled at the city of Baton Rouge, parish of East Baton Rouge, and all boards in charge or in control of state institutions.

            B. Notwithstanding any other provision of this Section or any law to the contrary, nothing shall prevent the governing authorities of the parishes of St. Charles, St. John the Baptist, Ouachita, Morehouse, Calcasieu, Vermilion, and Acadia or any city or parish school board in the state from each employing or retaining its own attorney to represent it generally. The employment of attorneys by the governing authorities shall relieve the district attorneys of the judicial districts serving the parishes of St. Charles, St. John the Baptist, Ouachita, Morehouse, Calcasieu, Vermilion, and Acadia from any further duty of representing the governing authorities, and the employment of an attorney by any city or parish school board shall relieve the district attorney of the judicial district serving such city or parish school board from any further duty of representing such school board.

            C. The district attorneys who shall refuse or wilfully fail to perform the duties required of them by this Section or wilfully fail to render faithful and efficient services in this regard shall be deemed guilty of malfeasance and gross misconduct and be removed from office in the manner prescribed by law.

            D.(1) Where a parish has adopted a charter for local self-government or other home rule charter and such charter provides for the employment of a parish attorney or a special attorney or counsel, the district attorney shall not be the regular attorney or counsel for such governing authority.

            (2) Notwithstanding the provisions of R.S. 42:261(C) and R.S. 42:263, in a parish which has adopted a charter for local self-government or other home rule charter, if the charter so provides, the parish governing authority may retain or employ any attorney or counsel to represent it generally or retain or employ any special attorney or counsel to represent it in any special matter without the approval of the attorney general.

            E. In the parish of Lafourche, the district attorney shall ex officio and without extra compensation, general or special, be the regular attorney and counsel for the parish governing authority, the school board, and every state board or commission domiciled therein, including levee boards, hospital and asylum boards, education boards, and all state boards or commissions the members of which, in whole or in part, are elected by the people or appointed by the governor or other prescribed authority.

            F. The parish school boards and governing authorities of the parishes of Iberia, St. Mary, and St. Martin may each contribute up to one hundred thousand dollars annually to the district attorney of the Sixteenth Judicial District to help defray the cost of providing legal services to the boards and commissions enumerated in Subsection A of this Section.

            Amended by Acts 1974, No. 479, §1; Acts 1978, No. 588, §1; Acts 1979, No. 324, §1; Acts 1981, No. 728, §1; Acts 1983, No. 184, §1; Acts 1983, No. 475, §1; SCR No. 86, 1983 R.S.; Acts 1985, No. 1009, §1; Acts 2001, No. 359, §1; Acts 2004, No. 639, §1; Acts 2018, No. 30, §1, eff. May 10, 2018.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1977–2024 · leading case: Juneau v. Avoyelles Par. Police Jury, 482 So. 2d 1022 (La. Ct. App. 1986).
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Juneau v. Avoyelles Par. Police Jury, 482 So. 2d 1022 (La. Ct. App. 1986). · cites it 2× “R.S. 16:2 and La.R.S. 42:263. [5] Finally, plaintiff argues that the document prepared by Riddle for Fred Juneau could not be considered privileged because Fred Juneau made several copies of such document and randomly disseminated them to other members of the Police Jury.”
Breaux v. Lafourche Par. Council, 851 So. 2d 1173 (La. Ct. App. 2003). · cites it 2× “Therefore, pursuant to LSA-R.S. 16:2 E, the Lafourche Parish District Attorney's Office usually serves as legal counsel for the Lafourche Parish Council.”
State v. Thomason, 353 So. 2d 235 (La. 1977). “…have been abandoned. State v. Blanton, 325 So.2d 586 (La.1976); State v. Carlisle, 315 So.2d 675 (La. 1975). [2] La.R.S. 16:2.”
Warren Montgomery v. St. Tammany Par. Gov't, No. 2017-C-1811 (La. June 27, 2018). · cites it 11× “R.S. 16:2 and Section 4-03 (A) of the St.”
Deville v. Rapides Area Plan. Com'n, 715 So. 2d 577 (La. Ct. App. 1998). “R.S. 16:2(A). The district attorney's assistant was present at the June 20 police jury meeting, both in and out of executive session, and was also present, of course, at the hearing in this case when the consent judgment was agreed upon, advising the police jury as was his…”
In re Louisiana Riverboat Gaming Comm'n, 659 So. 2d 775 (La. Ct. App. 1995). “An example of this is contained in LSA-R.S. 16:2 A which provides as follows: The district attorneys of the several judicial districts of Louisiana, other than the parish of Orleans, shall ex officio be the regular attorneys and counsel for the police juries, parish school…”
State v. Roussel, 266 So. 3d 605 (La. Ct. App. 2019). · cites it 2× “R.S. 16:2, the District Attorney serves as the legal advisor to the St.”
State v. Roussel, 266 So. 3d 605 (La. Ct. App. 2019). · cites it 2× “R.S. 16:2, the District Attorney serves as the legal advisor to the St.”
Marien v. Jury, 717 So. 2d 1187 (La. Ct. App. 1998). “R.S. 16:2. The district attorney had the obligation to give it legal advice with regard to the lawsuit, and the police jury had an obligation to at least listen to that legal h3advice.”
Sias v. Iberia Par. Sch. Bd., 74 So. 3d 800 (La. Ct. App. 2011). · cites it 2× “R.S. 16:2 and | sLa.Code Crim.P. art. 61.”
Nghana Lewis, Officially Versus St. John the Baptist Par. Through Stacey Cador, in Her Capacity as Dir. of Human Resources, 351 So. 3d 734 (La. Ct. App. 2022). “R.S. 16:2 specifically states that district attorneys shall provide legal counsel to the Parish President and the Parish Council.”
P.A. v. Voitier, No. 2:23-cv-02228 (E.D. La. Aug. 28, 2024). “§ 16:2(B). They point out that at the time of the communications at issue, the Board had already retained private attorneys.”
La. Rev. Stat. § 16:2(A): 2 cases
Deville v. Rapides Area Plan. Com'n, 715 So. 2d 577 (La. Ct. App. 1998). “R.S. 16:2(A). The district attorney's assistant was present at the June 20 police jury meeting, both in and out of executive session, and was also present, of course, at the hearing in this case when the consent judgment was agreed upon, advising the police jury as was his…”
Warren Montgomery v. St. Tammany Par. Gov't, No. 2017-C-1811 (La. June 27, 2018). “R.S. 16:2 and Section 4-03 (A) of the St.”
La. Rev. Stat. § 16:2(B): 1 case
P.A. v. Voitier, No. 2:23-cv-02228 (E.D. La. Aug. 28, 2024). “§ 16:2(B). They point out that at the time of the communications at issue, the Board had already retained private attorneys.”
La. Rev. Stat. § 16:2(D): 1 case
Warren Montgomery v. St. Tammany Par. Gov't, No. 2017-C-1811 (La. June 27, 2018). “R.S. 16:2 and Section 4-03 (A) of the St.”
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