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Louisiana House Bill 371 requires the attorney general to defend state officials and state laws and funds private counsel if representation is declined

Original title: ATTORNEY GENERAL: Provides relative to requiring the attorney general to defend state elected officials and acts of the legislature

Last action · March 9, 2026: Read by title, under the rules, referred to the Committee on Judiciary.Sponsor: Edmond Jordan

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Louisiana House Bill 371 establishes a mandatory duty for the attorney general to provide free legal representation to state elected officials and defend the constitutionality of all state legislative acts. If the attorney general declines representation, the affected official or the legislature may retain private counsel at state expense.

Why it matters

State-funded legal defense becomes guaranteed for elected officials facing official-capacity lawsuits or challenges to legislative acts, with state treasuries covering private attorney fees if the attorney general steps down from the case.

Background
  • The Louisiana Attorney General serves as the chief legal officer representing the state, state agencies, and elected officials in legal proceedings. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

duly elected officials of this state

State and local elected officials receive mandatory, free legal representation for official acts and the right to state-funded private counsel if the attorney general declines.

Directly affected

attorney general

The office is required to represent state officials, defend legislative acts, issue formal written declinations when refusing cases, publish rate schedules, and coordinate with private counsel.

Directly affected

legislature

Legislative presiding officers receive mandatory notifications of legal challenges to statutes, can authorize alternative private counsel, and retain intervention rights.

Directly affected

commissioner of administration

Must receive written notices identifying retained private counsel to authorize payments from the state treasury.

Key Facts

  • The attorney general must provide free legal representation to any duly elected official of the state, including legislators, statewide officers, and local elected officials, when named in civil, administrative, or quasi-judicial proceedings arising from official duties.
  • Mandatory representation includes filing dispositive motions, asserting immunities, managing all phases of litigation and appeals, and providing legal advice to avoid personal liability.
  • The attorney general's duty to represent excludes criminal proceedings, civil actions alleging acts outside official duties or for personal gain, and matters involving a nonwaivable conflict of interest.
  • Officials seeking representation must submit a written request, and the attorney general must respond in writing within 15 business days confirming representation or explaining a declination.
Show all 11 facts
  • The attorney general must defend the constitutionality and validity of every act enacted by the Louisiana Legislature in state or federal court.
  • Upon receiving a challenge to a legislative act, the attorney general must notify the speaker of the House, the president of the Senate, and the Legislative Bureau within five business days.
  • If the attorney general declines to represent an official or defend a legislative act, a detailed written statement of declination must be issued within specified deadlines and filed with the legislative auditor and the governor.
  • When representation is declined, the affected official or the legislature may retain private legal counsel, with the state responsible for the cost.
  • Alternative counsel compensation cannot exceed the highest rates approved by the attorney general in contracts for similar legal work during the preceding 24 months, and the office must publish this rate schedule quarterly.
  • Aggrieved officials or the legislature may seek judicial review of a declination in the Nineteenth Judicial District Court through a summary proceeding.
  • The provisions apply to all pending and future legal proceedings in which a request or challenge is before the attorney general on or after the effective date.

Frequently Asked Questions

When is the attorney general required to represent an elected official?
The attorney general must provide free representation when an elected official is named in a civil, administrative, or quasi-judicial proceeding arising from official duties, requires legal guidance for official acts, or is subject to a subpoena or compulsory legal process related to official duties.
What happens if the attorney general declines to defend a state law or represent an official?
The attorney general must issue a detailed written statement of declination to the official or legislative presiding officers, file copies with the legislative auditor and governor, and the affected official or legislature may then retain private legal counsel paid for by the state.
How are the fees for private alternative counsel determined and capped?
Compensation cannot exceed the highest rates approved by the attorney general for outside legal services in similar work during the prior 24 months, from a publicly updated rate schedule, or negotiated at prevailing market rates with approval from the commissioner of administration if no comparable rate exists.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

4 actions
  1. Mar 9, 2026HouseIntroduced
    Read by title, under the rules, referred to the Committee on Judiciary.
  2. Feb 27, 2026House
    First appeared in the Interim Calendar on 2/27/2026.
  3. Feb 24, 2026House
    Prefiled.
  4. Feb 24, 2026HouseCommittee
    Under the rules, provisionally referred to the Committee on Judiciary.

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

Legislative Bureau, House of Representatives, legislative auditor and 5 more
OrganizationLegislative Bureau“Body notified upon receipt of pleadings challenging legislative acts”Map →
OrganizationHouse of Representatives“Chamber of the Louisiana Legislature receiving notices regarding challenges to a”Map →
Organizationlegislative auditor“Recipient of written statements of declination”Map →
Personcommissioner of administration“Receives notice of retained private counsel to authorize state treasury payments”Map →
PersonEdmond Jordan“Representative who introduced House Bill 371”Map →
locationNineteenth Judicial District Court“Court designated for judicial review of attorney general declinations”Map →
Persongovernor“Recipient of declination statements and official signature authority”Map →
OrganizationSenate“Chamber of the Louisiana Legislature receiving notices regarding challenges to a”Map →

Sources

Open source document

www.legis.la.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy65
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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