Louisiana Voice

The state adopted a new constitution in 1974 which said, in part, that the Louisiana Attorney General’s office was limited in its ability to intervene in a local matter. One provision that allowed AG participation in a matter was upon specific request by a local governing authority, i.e. police jury, school board, city council, etc. It was a provision fought bitterly by then-Attorney General William Guste but the local district attorney lobby was too strong to overcome.

 The other condition for intervention, according to State Rep. Mike Johnson (R-Pineville), is on the direction of the governor.

Anyway, that’s what Johnson’s HB-64 says.

The bill, pre-filed with a couple dozen other bills as the April 14 opening day of the 2025 session approaches, appears to be an attempted power grab by Gov. Jeff Landry via Liz Murrill and the AG’s office.

The bill proposes that nothing in present law shall limit the authority of the attorney general as she (no gender-neutral there) deems appropriate, “to render such special services or assume full charge and control of all legal proceedings…”

The bill harkens memories for us old-timers of the 1950s and -60s legislative efforts in combatting desegregation by saying, “Proposed law provides that it is a declared interest of the state that the attorney general preserve and defend the state’s autonomy, independence and sovereignty in all legal matters and disputes including but not limited to the federal government.”

It also says that the proposed law “provides that the state’s sovereign interests refer to any matter, concern or situation that directly or indirectly affects the states or rights of the state and its citizens.” Oh, joy, bring out the separate water fountains and rest rooms.

It also brings back memories of when Earl Long, the realist, called out staunch segregationist Leander Perez, who insisted on preserving the KKK white heritage by shouting, “Whatcha gonna do now, Leander? The feds have the A-bomb!

But we’re not finished yet. The bill also says that the proposed law would allow the attorney, “in her name,” or through special counsel (read: favored private law firm), represent the state and all departments and agencies of state government, state boards and commissions, state officials and employees…as we as any local political subdivisions… in order to preserve, protect, and defend the interests of the state.”

It further stipulates that no entity, state or local, “may enter into any judgment by consent in federal court without the approval of the attorney general and the governor when the proposed judgment creates or establishes continuing jurisdiction or creates binding obligations.”

That language would prohibit a local entity like say, the Orleans Parish prison or a local school board from negotiating a consent decree over prisoner treatment, or method of desegregation without the attorney general and governor’s say-so.

Get this: it also says the proposed law would apply to any pending consent decree or “any judgment that imposes continuing jurisdiction of any court over the state or any state department,” including local school boards.

Talk about adding to the layers of bureaucracy.