§257. Legal representation of certain state agencies
A. Notwithstanding any other law to the contrary and in addition to any other
powers, duties, or authority granted to the attorney general and the Department of Justice
by the constitution and laws of the state, the attorney general shall represent the state and
all departments and agencies of state government in all litigation arising out of or
involving tort or contract.
B.(1) In all litigation whereby a state agency, board or commission, including
levee boards, appoints, employs, or contracts private legal counsel to represent the state or
a state agency, board or commission, including levee boards, pursuant to R.S. 39:1538,
R.S. 42:262, R.S. 49:258, or this Section, the secretary of the department, or the head of
the state agency, or the board or commission, including levee boards, shall consistently
maintain accurate data on legal contracts, legal costs, and all final judgments, all of which
shall be reported to the attorney general. At the same time as all final judgments are
reported to the attorney general, they shall also be reported to the commissioner of
administration, the Senate Committee on Finance, and the House Committee on
Appropriations. The report shall be in writing or submitted electronically, as determined
by the attorney general, and submitted quarterly. The attorney general, in consultation
with the commissioner of administration, shall prepare and submit an annual report to the
legislature no later than the first day of the regular session, and shall submit quarterly
updates of the report to the division of administration, the Senate Committee on Finance,
the House Committee on Appropriations, and the legislative fiscal office. The Department
of Justice shall implement procedures to carry out the provisions of this Subsection no
later than December 1, 2018.
(2) The attorney of record or the prevailing party shall submit a certified copy of
the final judgment to the Senate Committee on Finance and the House Committee on
Appropriations for the consideration of an appropriation to pay the judgment.
C. Notwithstanding any other law to the contrary, the attorney general, at his
discretion, shall represent or supervise the representation of the interests of the state in
any action or proceeding in which the constitutionality of a state statute law or of a
resolution of the legislature is challenged or assailed. In all other proceedings in which
the constitutionality of a law is assailed, the attorney general shall be served notice or a
copy of the pleading. The attorney general, at his discretion, shall be permitted to present,
represent, or supervise the representation of the state's interest in the proceeding if the
proceeding is in accordance with Code of Civil Procedure Articles 855.1 and 1845 and
Code of Criminal Procedure Article 62(D). In any civil proceeding challenging the
constitutionality of a law, the allegations of unconstitutionality shall be contained in a
pleading as defined in Code of Civil Procedure Article 852.
D. In all litigation referenced in Subsection A of this Section, the governor, the
secretary of the department, or head of the state agency as the case may be, and the
attorney general shall have authority to determine the purposes of the state, the
department, or the state agency, as the case may be, to be served by the litigation or by the
making of an offer or the acceptance of an offer to settle or compromise such litigation.
E. Nothing in this Section, in R.S. 49:258, and in Chapter 16-A of Title 39 of the
Louisiana Revised Statutes of 1950 shall prohibit any department of state government
from employing a general counsel and such other attorneys as may be necessary to
provide legal consultation, representation, and such other legal services as are not
provided for under such provisions of law. However, all private legal counsel shall be
chosen only in accordance with the provisions of R.S. 49:258, and subject to the authority
granted to the attorney general by Article IV, Section 8 of the Constitution of Louisiana.
F. Nothing in this Section or in R.S. 39:1533 shall in any way impair, limit, or
modify the rights and obligations of any insurer under any policy of insurance nor shall it
affect any claims or suits handled pursuant to R.S. 39:1527 et seq.
G.(1)(a) Pursuant to constitutional and statutory authorities granted him, and upon
the written request of an agency of the state, the attorney general may undertake debt
collection activities to pursue debts owed the agency. Such activities shall be performed
in accordance with the terms of a written agreement between the agency and the attorney
general, and the attorney general shall receive as compensation an amount not to exceed
twenty-five percent of the total monies recovered through activities undertaken pursuant
to the agreement. In all such debt collections, the attorney general and the state agency
shall determine whether the interests of the state are best served by litigation or by the
making of an offer or the acceptance of an offer to settle or compromise litigation or
debts owed the state. For purposes of this Subsection, "agency" or "state" shall mean the
state, its departments, agencies, boards, and commissions.
(b) The provisions of this Paragraph shall not apply to authorities of the attorney
general and collection activities provided for under R.S. 9:4751 et seq., R.S. 18:1400.6,
R.S. 46:1 et seq., and R.S. 47:1516.1.
(c) The provisions of this Paragraph with respect to compensation to be paid the
attorney general shall not apply to debt collection activities concerning student loans
issued pursuant to the Federal Family Education Loan Program, 20 U.S.C. 1071 et seq.,
the Federal Perkins Loan Program, 20 U.S.C. 1087aa et seq., and all educational debts
that are evidenced by a contract or negotiable instrument that provides for the payment of
collection costs or attorney fees and are collected by the Louisiana Student Financial
Assistance Commission or are collected on behalf of institutions under the jurisdiction of
boards created by Article VIII of the Constitution of Louisiana.
(d) The provisions of Subsection G of this Section shall not be construed to
authorize the attorney general to execute or enter into contingency fee contracts with
private entities with respect to debt collections on behalf of the state.
(2) There is hereby established in the state treasury a special fund to be known as
the Department of Justice Debt Collection Fund, hereinafter referred to as the "fund". The
fund shall be comprised of monies received by the attorney general as compensation for
any debt collection activities undertaken pursuant to the provisions of this Subsection or
any other provision of law. Monies in the fund shall be subject to annual appropriation to
the Department of Justice solely for support of debt collection activities and general
operating expenses. Monies so appropriated shall be used to supplement the department's
budget and shall not be used to displace, replace, or supplant appropriations from the state
general fund for operations of the department below the level of state general fund
appropriation for the foregoing year. All unencumbered and unexpended monies in the
fund at the end of the fiscal year shall remain in the fund. Monies in the fund shall be
invested by the treasurer in the same manner as those in the state general fund, and any
interest earned on such investment shall be deposited in and credited to the fund.
Acts 1988, No. 448, §5, eff. July 1, 1988; Acts 2005, No. 435, §2, eff. July 11,
2005; Acts 2006, No. 611, §1; Acts 2018, No. 627, §2, eff. August 1, 2018; Acts 2019,
No. 362, §8, eff. June 11, 2019; Acts 2024, 2nd E.S., No. 12, §3, eff. April 29, 2024.