[StBernard] St. Bernard Parish justice of the peace hits snag with day job

[Westley Annis]

St. Bernard Parish justice of the peace hits snag with day job

Published: Thursday, January 26, 2012, 6:00 PM

 By Ed Anderson, The Times-Picayune 

An elected justice of the peace cannot hold a full-time appointed public job
while in office but can have a part-time appointed job, according to a legal
opinion released Thursday by Attorney General Buddy Caldwell's office.

The Jan. 20 opinion by Assistant Attorney General Kerry Kilpatrick was
addressed to Ward F St. Bernard Parish Justice of the Peace Michael McNab.

McNab said the issue is moot now because he has taken a full-time job with a
law firm in St. Bernard Parish. He said he sought the legal opinion in case
he took a job as a full-time deputy clerk of court in St. Bernard Parish.

An opinion of the state attorney general does not have the effect of law,
but it is generally regarded the legal guidepost until a court overturns it.

Kilpatrick said under the state's Dual Office-Holding and Dual Employment
laws, a full-time deputy court clerk "may not also (simultaneously) hold
elective office as a justice of the peace."

She said the justice of the peace is elected and that state laws say that no
one holding an elected office can hold a second elected office or a
full-time appointed job in the state.

State law defines a full-time job as one that involves working seven hours a
day or 35 hours a week, while a part-time job involves less than 35 hours
weekly.

Kilpatrick told McNab that if he went to work for the clerk for fewer than
35 hours a week, he would be considered a part-time employee and would be
permitted to continue under the law while serving as a justice of the peace.

She also suggested that McNab might also want to contact the state Judiciary
Commission because justices of the peace are governed by the state's code of
judicial conduct.

Ed Anderson can be reached at eanderson at timespicayune.com or 225.342.5810.