Opinion
NO. 2014 KW 0970
07-10-2014
STATE OF LOUISIANA v. MICHAEL ROBERTSON
In Re: Michael Robertson, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 07-12-0625.
BEFORE: KUHN, PETTI GREW AND McCLENDON, JJ.
WRIT DENIED. Louisiana Revised Statute 46:56 provides for the release of confidential information from the Department of Children and Family Services that the court deems relevant and/or discoverable in a criminal prosecution to the litigants, and under the statute, employees of the Department of Children and Family Services may be subpoenaed. See La. R.S. 46:56(F)(3) & (H) (2) . Therefore, it can be inferred from the statute that the court possesses the authority to and may permit employees of the Department, if they choose to do so, to speak with the defense's investigators for the limited purpose of discussing information contained in the Department's case records pertaining to the victim and his family. However, as relator's "motion to require the state to allow access to witnesses who are current and former employees of the Louisiana Department of Children and Family Services" is too broad, the district court did not abuse its discretion in denying the motion. If relator desires to speak with employees of the Department of Children and Family Services, he must name the particular employee he desires to speak to and indicate what information he seeks to ascertain from that employee pertaining to the case. Accordingly, the writ application is denied.
JEK
JTP
PMc
COURT OF APPEAL, FIRST CIRCUIT __________
DEPUTY CLERK OF COURT
FOR THE COURT