Opinion
NO. 2016 CW 0965
10-18-2016
REV. ERROL VICTOR SR, L.S., ETUX MRS. TONYA O. VICTOR, L.S v. ASSISTANT ATTORNEY GENERAL, JULIE CULLEN, ATTORNEY GENERAL, JAMES BUDDY CALDWELL AND SUCCESSORS, INDIVIDUALS AND IN OFFICIAL CAPACITY
In Re: Rev. Errol Victor, Sr., L.S., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 632113. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED. Relators failed to request the documents they seek from the Clerk of Court of the 19th Judicial District Court and failed to file a motion in the underlying litigation seeking the documents while their civil litigation was pending. Relators appear to assert that the district court erred in denying their request for records under the Louisiana Public Records Law, La. R.S. 44:1 et seq. A "person" who wants to examine public records must make the request to the custodian of the records. See La. R.S. 44:31 and 44:32. If a request for public records is denied by the custodian, before seeking relief from this Court, the person must first institute civil proceedings for a writ of mandamus at the trial court level. See La. R.S. 44:35 (A). Should the person prevail, he should be prepared to pay the regular service fees for copies of the documents. See State ex rel Nash v. State, 604 So.2d 1054 (La. App. 1st Cir. 1992). After the district court issues a ruling in the civil proceeding, the person may seek a civil appeal of the district court's action, if he desires. See La. R. S. 44:35 (C)
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PMc
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT