Ex-state worker won’t have to repay wages

• By JOE GYAN JR.
• Advocate staff writer
• Published: Nov 19, 2008 - Page: 3B - UPDATED: 12:05 a.m.

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A former assistant to state District Judge Don Johnson does not have to repay the state more than $16,000 in salary and benefits she received while simultaneously working for a federal agency and the judge, a sharply divided appeals court ruled Tuesday.

Sarah Holliday did violate Louisiana’s dual employment law, the state 1st Circuit Court of Appeal said in agreeing with that part of Ad Hoc Judge Frank Foil’s February 2007 decision.

However, the appellate court also said in its 3-2 ruling that because Holliday resigned her state court job before then- state Attorney General Charles Foti sued her, the issue was moot.

State law says the attorney general may file a civil lawsuit against a person “alleged to be holding’’ dual employment.

“Because of her Feb. 15, 2006, resignation, any cause of action the state may have had … no longer existed when suit was filed on March 31, 2006,’’ Circuit Judge Randolph Parro wrote for the panel.

Circuit Judges James Kuhn and Duke Welch joined Parro. Circuit Judges Burrell Carter and Michael McDonald dissented.

“The fact that Holliday resigned from her position with the Nineteenth Judicial District Court less than two months prior to the present suit being filed does not deprive the governmental body of the right to reimbursement of funds illegally received,’’ Carter wrote.

McDonald said the majority’s ruling could lead to “an even more absurd result’’ if a defendant resigned after a lawsuit was filed but before or even during a trial of the suit.

“The voluntary resignation from one position prior to a finding by the court cannot be a bar to recovery of compensation and allowances received by the employee while holding the now vacated position,’’ he wrote. “Allowing the employee to manipulate the system by resigning prior to a court ruling would be a grave injustice.’’

Ron Johnson, Holliday’s attorney and Don Johnson’s brother, declined comment because he had not seen the ruling.

Jennifer Cluck, a spokeswoman for Attorney General Buddy Caldwell, also said Caldwell’s office had not seen the decision and would reserve comment.

Between Oct. 17, 2005, and Feb. 15, 2006, Holliday was Judge Don Johnson’s judicial assistant while working for the U.S. Small Business Administration processing applications after Hurricane Katrina.

The Louisiana Judiciary Commission claims the judge violated the Code of Judicial Conduct by allowing Holliday to hold dual employment.