Supreme Court of Louisiana

Warren Montgomery v. St. Tammany Parish…

June 27, 2018

Summary

The court held that the Louisiana Constitution, state statutes, and St. Tammany Parish Home Rule Charter require the District Attorney to serve as the Parish Government's general attorney and represent it in legal proceedings. The Parish could not use ordinances or general reorganization authority to replace that arrangement with an independent legal department because the Charter did not opt out of the statutory scheme and authorized only special counsel for specific purposes. The court reversed the Parish's summary judgment and rendered summary judgment for the District Attorney, while declining to decide an additional constitutional challenge that was unnecessary to the result.