Judges: RICHARD P. IEYOUB
Filed Date: 9/14/1993
Status: Precedential
Modified Date: 7/5/2016
Dear Rep. Hudson:
You have requested an opinion of this office with regard to La. R.S. 15:145(H). Specifically, you requested an opinion on whether or not this provision is mandatory, its legislative intent and the penalty for non-compliance therewith.
La. R.S. 15:145(H) reads as follows:
Each indigent defender board shall adopt rules to establish a policy of selecting a proportionate number of minority and women lawyers in accordance with the makeup of the general population of the district, to the extent that minority and women lawyers are available and otherwise eligible for selection within the district in accordance with the provisions of this Section. Any citizen of majority age shall have a cause of action to enjoin the activities of a board for failure to comply with this provision.
It is the opinion of this office that the language of this provision is mandatory rather than permissive. This opinion is based on the use of the word "shall" which La. R.S.
I hope this opinion sufficiently answers your questions. If our office can be of further assistance, please contact us.
Sincerely,
RICHARD P. IEYOUB Attorney General
BY: EMMA J. DEVILLIER Assistant Attorney General
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