Opinion
NO. 2018 KW 0429
04-04-2018
STATE OF LOUISIANA IN THE INTEREST OF D.R.B.
In Re: State of Louisiana, applying for supervisory writs, Juvenile Court, Parish of East Baton Rouge, Nos. 112,315 & 112,316. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.
WRIT GRANTED. The juvenile court's ruling denying an ex parte proceeding in this matter and granting a contradictory hearing is reversed. The matter is remanded to the juvenile court to conduct an ex parte proceeding to be recorded and maintained under seal, wherein the state shall be required to make a prima facie showing that the witnesses' safety may be compromised by the disclosure of the redacted information. If the court finds that the state failed to present prima facie proof to support the redaction, upon motion by either party, the court shall order an automatic stay of all matters related to the disclosure of the information and maintain all proceedings under seal while the moving party seeks supervisory review. See La. Ch. Code art. 866 & La. Code Crim. P. art. 729.7
JMG
JTP
WJC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT