CHAPTER 8.  APPEARANCE OF STATE OFFICERS IN LITIGATION

§461.  Suits against ministerial officers or in which state is interested, including Federal Power Commission

The state auditor, the state treasurer, or other ministerial officers of the state shall not appear in any court of the state, either in person or by private counsel, to institute, maintain, defend, prosecute, or in any manner interfere, or attempt to control any suit, writ, or other legal process, except criminal proceedings, which may be brought against him in his official capacity, or in which the state may be interested, directly or indirectly, or be in any wise a party; but in all such cases the proceedings shall be instituted, maintained, defended, or prosecuted by the attorney general as provided by law.  The governor or attorney general may in case of necessity, designate a private attorney to conduct such proceedings.  The state auditor, the state treasurer and other ministerial officers of the state, or persons charged with the execution of any state contract, or act enjoined by law, or pertaining to the duties of his station shall, on application, or if he has doubt as to the proper course to be pursued, refer the matter with all information in his possession to the attorney general.  

In addition to all other duties conferred by law, the attorney general shall represent the State of Louisiana and the Louisiana Public Service Commission before the Federal Power Commission at all hearings on gas rates or allocations or other matters affecting or which could affect the supply of natural gas in Louisiana and maintain effective liaison with the Federal Power Commission concerning gas energy problems in Louisiana or elsewhere which could affect the health, welfare and general economy of the citizens of Louisiana.  Provided, however, that nothing in this section shall be construed so as to grant to the attorney general any authority to represent the Louisiana Public Service Commission in any matter, proceeding, or litigation not set forth specifically in this paragraph.  

Amended by Acts 1972, No. 636, §1.