§2593. Legal representation by the attorney general

A. It is hereby declared to be the public policy of this state that the state, through the attorney general, shall provide legal representation to a justice of the peace, constable, or deputy constable of this state in all claims, demands, or suits, if such a claim, demand, or suit arises out of the discharge of his duties and within the scope of his office and the claim, demand, or suit did not result from his intentional wrongful act or gross negligence.

B.(1) Within five days after a justice of the peace, constable, or deputy constable is served with any summons, complaint, process, notice, demand, or pleading, he shall deliver the original or a copy thereof to the attorney general. If, after thorough investigation by the attorney general, it appears that the defendant was not acting in the discharge of his duties and within the scope of his office at the time of the alleged act or omission, or that he was acting in an intentionally wrongful manner or was grossly negligent, the attorney general's office shall decline representation and the state shall not be responsible for providing any representation to him.

(2) If a determination is made by a court that a justice of the peace, constable, or a deputy constable was not acting in the discharge of his duties and within the scope of his office at the time of the alleged act or omission, or that he was acting in an intentionally wrongful manner or was grossly negligent, the justice of the peace, constable, or deputy constable shall reimburse the office of the attorney general for expenses incurred including court costs and reasonable attorney fees.

C. The decision of the attorney general not to defend a justice of the peace, constable, or deputy constable and any and all information obtained by him as a result of the investigations conducted pursuant to Subsection B of this Section shall be considered confidential and shall not be admissible as evidence in any legal proceeding and no reference thereto shall be made in any trial or hearing.

D. Nothing in this Section shall in any way impair, limit, or modify the rights and obligations of any insurer under any policy of insurance or impair the right of the individual to obtain private counsel in his own behalf.

E. This Section shall not be construed as creating a right of indemnification by a justice of the peace, constable, or deputy constable against the state for any claim, demand, suit, or judgment whatsoever.

F.(1) The attorney general may decline to provide representation to a deputy constable who is not in compliance with the provisions of R.S. 13:2583.1 through 2583.7 including but not limited to the failure to file a copy of the oath of office with the office of the attorney general or failure to attend requisite training.

(2) If a determination is made by a court that a deputy constable was not acting in the discharge of his duties and within the scope of his office at the time of the alleged act or omission, or that he was acting in an intentionally wrongful manner or was grossly negligent, a deputy constable may be required to reimburse the office of the attorney general for expenses incurred including court costs and reasonable attorney fees.

G. The provisions of this Section that are applicable to deputy constables shall apply only to deputy constables serving on or before August 1, 2016.

Acts 1986, No. 580, §1; Acts 1991, No. 870, §1; Acts 2016, No. 471, §1.