Judges: JAMES D. \"BUDDY\" CALDWELL, Attorney General
Filed Date: 4/2/2008
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Theriot:
You have requested an opinion of this office regarding the legal status of drug courts established by the various district courts. Specifically, you ask if there is a statutory mandate as to how drug courts should be established and, if so, what is the mandate? You also ask whether a district court can establish a drug court as a non-profit organization and, if so, is the non-profit organization subject to the public bid laws and public record laws and are the employees of the non-profit organization considered public employees. Finally, you ask whether public employees of the district court can staff a drug court that is established as a non-profit organization.
La. R.S.
La. R.S. 13: 5303 defines "drug division" as the division or divisions of the court to which alcohol or drug related offenses are assigned or the employee of the court designated to administer the probation program, as provided by R.S.
The authority granted each parish district court does not specify how the district court is to create or establish an alcohol or drug court. As such, the creation or establishment of an alcohol or drug court must be in accordance with existing general state law and which would include R.S.
Accordingly, it is the opinion of this office that a drug court may be established and staffed by a district court as a non-profit organization using district court employees. Employees of a drug court established by the district court as a nonprofit organization are considered public employees and the nonprofit organization is considered a quasi-public entity subject to the Louisiana Public Records Law (R.S.44.1 et seq.), the Public Bid Law (R.S.
We trust this adequately responds to your request. If you have any questions or comments, please do not hesitate to contact our office.
With kindest regards,
Very truly yours,
JAMES D. "BUDDY" CALDWELL ATTORNEY GENERAL
BY: __________________________ RICHARD L. MCGIMSEY Assistant Attorney General
JDC/RLM/dam