Opinion
NO. 2013 CW 0984
2013-09-24
In Re: Roy J. Jones, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 237835.
BEFORE: PETTI GREW, McDONALD AND McCLENDON, JJ.
WRIT DENIED. Relator, Roy J. Jones, contends the district court erred in denying his writ of mandamus concerning his request for records under Louisiana Public Records Law, La. R.S. 44:1. et seq. Filing an application for a writ of mandamus in the criminal suit is not the proper procedural vehicle to establish a right to records under the Public Records Law. A person who wants to examine public records must make the request to the custodian of the records. If the custodian denies the request for a public record, the person must institute a civil proceeding for a writ of mandamus at the trial court level before seeking relief from an appellate court. After the trial court issues a ruling in the civil proceeding, the person may seek a civil appeal of the trial court's action, if he desires. State ex rel. McKnight v. State of Louisiana, 98-2258 {La. App. 1st Cir. 12/3/98), 742 So.2d 894, 895 (per curiam); see also La. R.S. 44:31, 44:32 & 44:35(C).
JTP
JMM
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COURT OF APPEAL, FIRST CIRCUIT ________________________
DEPUTY CLERK OF COURT
FOR THE COURT