Court Rules Louisiana Ethics Board Must Refer Violations - State and Federal Communications

November 9, 2010  •  

Court Rules Louisiana Ethics Board Must Refer Violations

The 19th Judicial District Court of Baton Rouge has ruled the Ethics Board cannot enforce penalties for campaign finance violations. The court found a separate Ethics Adjudicatory Board must conduct public hearings when the Ethics Board alleges the late filing of, or absence of filing, campaign reports.

The Ethics Board had argued campaign violations requiring investigations were already referred to the Ethics Adjudicatory Board, but cases involving the mere failure to file reports on time, or not at all, did not require any investigation, and therefore did not require a separate hearing. The division of giving the Ethics Board investigatory and prosecutorial authority, while giving the Ethics Adjudicatory Board judicial power, comes from a 2008 change in the law meant to streamline the regulatory process.

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