Opinion
NO. 2018 KW 0497
05-29-2018
STATE OF LOUISIANA v. BEAU MATHEW LEDOUX
In Re: Beau Mathew LeDoux, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 539,793. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
WRIT DENIED. A writ application arising in a criminal proceeding is not the proper procedural vehicle to establish a right to records under the 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 & 44:32. An individual in custody after sentence following felony conviction who has exhausted his appellate remedies is permitted access to public records if the request is limited to grounds upon which the individual could file for postconviction relief under La. Code Crira. P. art. 930.3; La. R.S. 44:31.1. Section 31.1 does not prevent an inmate from seeking records simply because the two-year time limitation for the filing of postconviction relief has passed. See La. Code Crim. P. art. 930.8. 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. 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. See La. R.S. 44:35(C). State ex rel. McKnight v. State, 98-2258 (La. App. 1st Cir. 12/3/98), 742 So.2d 894, 895 (per curiam).
WRC
VGW
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT