XXVII § 3 Appointment of a Prosecutor When Both the District Attorney and Attorney General Are Recused.

(a) For the purposes of this Rule an “investigatory request” shall mean and include any law enforcement request for assistance from a prosecutor in the investigation or prosecution of a potential criminal matter or any exercise of the prosecutorial role concerning a grand jury proceeding, including its investigation of a potential criminal matter.

(b) If a District Attorney is recused from a prosecution or investigatory request, the matter is referred to the Attorney General pursuant to Article 682 of the Louisiana Code of Criminal Procedure.

(c) If the District Attorney and Attorney General are both recused concerning any prosecution or investigatory request, then notice of their recusals shall be immediately forwarded to the Supreme Court.

(d) (i) If an investigatory request directly involves a District Attorney and would necessitate his recusal, then the investigatory request may be made to the Attorney General.

(ii) If an investigatory request involves the Attorney General and would necessitate his recusal, but the relevant District Attorney is also recused, or the matter also involves the relevant District Attorney and would necessitate his recusal, then the matter shall be referred to the Supreme Court. This Court may act pursuant to its inherent authority, may request a formal response concerning confirmation of self-recusal, or may transfer the matter to the applicable district court for a hearing on recusal.

(e) (i) In instances where both a District Attorney and Attorney General are recused, or this Court finds that the recusal of both is required, the Supreme Court may either appoint the District Attorney of another district or appoint an attorney at law with the qualifications of a District Attorney other than domicile or residence who is not an assistant to an otherwise recused official, to act in the place of the District Attorney concerning the matter.

(ii) Any special prosector appointed shall comply with the legal and ethical obligations of a prosecutor including those specified in Paragraph C of Section 26 of Article V of the Constitution of Louisiana. Any costs of prosecution and investigation shall be paid in accordance with Article 683.1 of the Louisiana Code of Criminal Procedure.

(f) (i) Any notice to this Court shall be filed with the clerk of this Court. If the matter is not otherwise a public proceeding, then the notice or filings under this Rule shall be filed under seal and kept confidential until otherwise ordered by this Court. If the matter involves a filed case, then filings shall be made in the ordinary manner including providing copies to all other parties or their counsel of record.

(ii) Any written request for a confirmation of self-recusal pursuant to this Section shall be emailed to the appropriate official and shall be responded to by email within 48 hours of email delivery, and it shall also be filed with the clerk of this Court if the request is issued by this Court. If an official fails to promptly confirm his self-recusal the request may also be hand delivered with a shorter deadline as may be directed by order of this Court.

(g) Nothing provided herein changes or otherwise alters or supersedes the rules and procedures provided for in the Louisiana Code of Criminal Procedure.