At yesterday’s meeting of the Louisiana Legislative Advisory Council (LAAC), there was some discussion on the procedure for how a local district attorney (DA) might be recused because of conflicts of interest.
The discussion came during agenda item no. 4, Louisiana District Attorneys Association (LDAA). Appearing for the association was executive director Pete Adams.
Adams said that in the event of conflict, the DA would normally recuse himself, but that there was a procedure in the law that could be used if the DA refused.
He said that to his recollection, that procedure had only been used twice since the 1974 adoption of Louisiana’s Constitution.
We will post a link to the webcast when it becomes available.
Herewith the pertinent law:
LA CCRP, Article 680. Grounds for recusation of district attorney
A district attorney shall be recused when he:
(1) Has a personal interest in the cause or grand jury proceeding which is in conflict with fair and impartial administration of justice;
(2) Is related to the party accused or to the party injured, or to the spouse of the accused or party injured, or to a party who is a focus of a grand jury investigation, to such an extent that it may appreciably influence him in the performance of the duties of his office; or
(3) Has been employed or consulted in the case as attorney for the defendant before his election or appointment as district attorney.
The political connection between the town’s controversial mayor and Second Judicial (Bienville, Claiborne, Jackson parishes) District Attorney Jonathan Stewart was reported upon last June by Lincoln Parish News Online (LPNO).
District Att’y, J’boro Mayor Politically Connected
LA CCRP, Article 681. Procedure for recusation of district attorney
A district attorney may recuse himself, whether a motion for his recusation has been filed or not, in any case in which a ground for recusation exists. A motion to recuse the district attorney shall be in writing and shall set forth the grounds therefor. The motion shall be filed in accordance with Article 521, and shall be tried in a contradictory hearing. If a ground for recusation is established the judge shall recuse the district attorney.
LA CCRP, Article 682. Appointment of substitute for a recused district attorney
When a district attorney is recused, or recuses himself, the trial judge shall either appoint an attorney at law, who has the qualifications of a district attorney and is not an assistant to the recused district attorney, to act in the place of the district attorney in the case, or shall notify the attorney general in writing of the recusation. In the latter instance, it shall be the duty of the attorney general to appoint a member of his staff or a district attorney of another district to act in the place of the recused district attorney. The substitute appointed for the recused district attorney shall have all powers of the recused district attorney with reference to the case.
Compliance Audit
Yesterday, LPNO had reported that a compliance audit was underway for the Town of Jonesboro.
LPNO has learned that at least two of the town’s Board of Aldermen have met with the audit team.
It is unclear whether the state auditors have met with – or intend to meet with – the two contract auditors who have actually examined the town’s books in detail for the 6/30/08 and 6/30/09 reporting periods.
