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September 6, 2000 OPINION NO. 00-295 Honorable Rodney Arbuckle Sheriff, DeSoto Parish DeSoto Parish Sheriff’s Office 205 Franklin Street Mansfield, Louisiana 71052 Dear Sheriff Arbuckle: Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask: Is it lawful for a Justice of the Peace to hold a commission as a reserve deputy sheriff? This issue was previously addressed by this office and by the Louisiana Judiciary Commission in Attorney General Opinion No. 96-356, which is attached for your review. In this opinion, correspondence from the Office of Special Counsel to the Judiciary Commission notified the Attorney General’s office that a Justice of the Peace is governed by the Code of Judicial Conduct and that allowing a Justice of the Peace to be employed by a district attorney’s or a sheriff’s office is violative of the Code of Judicial Conduct. The letter further stated that if a Justice of the Peace were to simultaneously serve as a deputy sheriff, he or she may be placed at risk before the Judiciary Commission and the Louisiana Supreme Court since this dual service raises the appearance of impropriety and of a lack of impartiality. Therefore, it is the opinion of this office that a deputy sheriff may not also serve as a Justice of the Peace. If you should need further clarification of the position of the Judiciary Commission, the Office of Special Counsel can be contacted at 601 St. Charles Avenue, New Orleans, Louisiana 70130, (504) 568-8299. Honorable Rodney Arbuckle, Sheriff OPINION NO. 00-295 Page - 2 - We trust this sufficiently answers your question; however, if you should need anything further do not hesitate to contact this office. Very truly yours, RICHARD P. IEYOUB ATTORNEY GENERAL BY:_____________________________________ FRANCES J. PITMAN ASSISTANT ATTORNEY GENERAL RPI/FJP/sc Attachment a:\00-295.op OPINION NO. 00-295 57 - JUSTICES OF THE PEACE Louisiana Code of Judicial Conduct Canons 1, 2, 5 A deputy sheriff may not also serve as a Justice of the Peace since this dual service raises the appearance of impropriety and impartiality in violation of the Code of Judicial Conduct. Honorable Rodney Arbuckle Sheriff, DeSoto Parish DeSoto Parish Sheriff’s Office 205 Franklin Street Mansfield, Louisiana 71052 DATE RECEIVED: 07-24-00BR DATE RECEIVED: AUGUST 01, 00SH DATE RELEASED: September 6, 2000 FRANCES J. PITMAN ASSISTANT ATTORNEY GENERAL