[StBernard] Attorney General Opinion

[Westley Annis]

#12-0025
A justice of the peace cannot act as the lessor's agent and thus cannot
deliver the
written notice to vacate to the lessee. A constable is not expressly
prohibited from
acting as the lessor's agent and delivering a notice to vacate. However, if
he chooses
to act as the lessor's agent and deliver the notice to vacate, he is then
disqualified to act
in his official capacity as constable in any subsequently filed eviction
proceeding,
including execution and service of all pleadings, orders and writs issued
from the justice
of the peace court. (Day)
Op to Honorable Anthony T. Micheu, III, Justice of the Peace, Parish of St.
Bernard,
Chalmette, LA
Date Released: March 1, 2012