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2007-2008 Louisiana Attorney General Reports and Opinions 1 (2007-2008)

handle is hein.sag/sagla0007 and id is 1 raw text is: March 27, 2007 OPINION NUMBER 07-0003 Honorable Connie G. Moore Justice of the Peace Ward Three - St. Tammany Parish 73477 Tammy Lane Covington, Louisiana 70433 Dear Hon. Justice Moore: 16 57 CRIMINAL LAW - Crimes & Offenses JUSTICES OF THE PEACE LA. REV. STAT. § 13:3478; LA. REV. STAT. § 13:2590; LA. REV. STAT. § 14:134 Justice of the peace is required to employ constable to execute service of process unless constable is disqualified to act because of a relationship or an inability to act due to sickness or other cause. Constable is entitled to fifty percent (50%) of filing fees generated. Claim of malfeasance should be directed to Louisiana Judicial Administrators Office - Office of Special Counsel. This office is in receipt of your request for an Opinion from the Attorney General on three (3) specific questions pertaining to the interaction between a justice of the peace and the constable for the Justice's ward. Your concerns and the Attorney General's responses to those concerns are presented as follows: 1. IF THE JUSTICE OF THE PEACE DECIDES HE OR SHE DOES NOT WANT TO USE THE DULY- ELECTED CONSTABLE FOR SERVICE OF PROCESS, THEN ARE THE SERVICES MADE BY SOMEONE OTHER THAN THE CONSTABLE LEGAL? LA. REV. STAT. §13:3478 pertains to and governs when a constable is required to act in furtherance of his office: § 3478. Constable or deputy constable to act when not disqualified or unwilling or unable to act When there is a constable or duly appointed deputy constable not disqualified to act because of relationship, or unable to act on account of sickness or other cause, and who is willing to act, and who is personally present when conservatory writs are sued out, then and in these cases, the justice of the peace for whose ward said constable shall have been elected or appointed and qualified, shall employ said constable or his duly appointed deputy constable to the exclusion of the sheriff or his deputy, or a special deputy constable, to

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