Opinion Number

Dear Mr. Kemp:

Our office is in receipt of your request for an Attorney General's opinion on the following question:

Is there a mandatory requirement on part of a District Attorney to bring a quo warranto procedure/proceeding to remove an elected municipal counsel person or alder person, who moved outside of the municipal corporate limits following her election and induction in office?

The answer is yes. In State, ex.rel. Kilbourne v.Dugas, 180 So.2d 440, 443 (La.App. 1 Cir. 1965), on a question of the right to hold office, the court found that "As a matter of fact, if the District Attorney has…