Why It Matters
A recent legal clash in Louisiana has drawn attention to the widespread practice of elected prosecutors maintaining private law firms. The situation raises questions about potential conflicts of interest and the financial incentives for officials who serve dual roles in government and private litigation.
What Happened
Orleans Parish District Attorney Jason Williams and Tony Clayton, the district attorney for Iberville, Pointe Coupee, and West Baton Rouge parishes, found themselves on opposing sides of a courtroom during a hearing on Thursday. The dispute centered on a lawsuit involving college athletes seeking to regain eligibility after attempting to turn professional. As first reported by lailluminator.com, Clayton represented the athletes, while Williams acted on behalf of the Southeastern Conference (SEC) to block their efforts.
This high-profile confrontation highlighted a broader trend in Louisiana’s legal landscape. A review of disclosure documents from the past two years revealed that 30 of the state’s 42 district attorneys maintain private practices alongside their government duties. State law permits these dual roles provided the officials do not engage in criminal defense work. Assistant district attorneys may also take on private clients if their supervising DA allows it.
Williams has served as Orleans Parish DA since 2021, while Clayton has held his position since 2020. Both men have leveraged their legal expertise in high-stakes private cases. Clayton was part of the legal team that secured a $411 million jury award for a refinery worker, marking the largest personal injury verdict for an individual plaintiff in Louisiana history. More recently, Clayton represented Louisiana Supreme Court Justice Jefferson Hughes in a defamation suit against The Times-Picayune and Advocate newspapers.
By the Numbers
30 — Number of Louisiana district attorneys maintaining private practices
42 — Total number of district attorneys in Louisiana
$192,000 — Annual salary for Orleans Parish DA Jason Williams
$183,000 — Annual salary for Tony Clayton
7 — Number of DAs earning more than $100,000 annually from private practices
$411 million — Jury award won by Clayton’s team in a refinery worker case
Zoom Out
The financial scale of these dual roles is significant. At least 34 Louisiana district attorneys earn more than $150,000 annually from their public offices alone, with 13 earning over $200,000. Beyond government salaries, seven DAs—including Williams and Clayton—generate more than $100,000 per year from their private practices. Other notable figures in this category include Joel Chaisson of St. Charles Parish, Paul Connick of Jefferson Parish, Chris Nevils of Winn Parish, James Paxton of Tensas, Madison, and East Carroll parishes, and Joseph Waitz of Terrebonne Parish.
In contrast, some elected prosecutors choose to forgo private work entirely. Hillar Moore, the district attorney for East Baton Rouge Parish, and Collin Sims, who serves St. Tammany and Washington Parishes, do not maintain private law practices.
Ethics expert Dane Ciolino stated that the SEC lawsuit is unlikely to create conflicts of interest for either Williams or Clayton. However, the potential for divided loyalties has been a recurring issue in Louisiana legal history. In 2011, former St. Tammany DA Walter Reed recused his office from prosecuting a truck driver because he represented the victims’ families in private practice. Reed was later imprisoned for political corruption.
Current scrutiny also focuses on Williams’ involvement in a separate high-profile case. He represents John McQueen, who is being sued by his former wife, Anne McQueen. Attorney Mark Montiel filed a legal brief in July arguing that any prosecutorial action involving either party would affect Williams’ private clients, citing allegations of criminal activity between the spouses. Lower courts have ruled in Williams’ favor, allowing him to remain on the case. The issue of whether he should recuse himself is currently pending before the Louisiana Supreme Court.
What’s Next
The Louisiana Supreme Court’s decision on Williams’ recusal in the McQueen case could set a precedent for how conflicts of interest are managed among elected prosecutors with private practices. Meanwhile, the ongoing college athletics lawsuit continues to underscore the complex web of relationships between state officials and private legal interests.