Narrative Opinion Summary
Writs were applied for by James H. O’Banion Jr. in the case against the St. Bernard Parish Clerk of Court, seeking access to public records. The Court of Appeal, Fourth Circuit, granted the writ in part, directing the Clerk of Court to provide O’Banion with an estimate of the reproduction costs for the requested public records, which he is entitled to under Louisiana law. References include Louisiana Constitution Article XII, Section 3, and several statutes (R.S. 44:31; R.S. 44:31.1), as well as case law from State ex rel. Leonard v. State, State ex rel. Level v. State, and Range v. Moreau. If the requested documents have been destroyed, the Clerk must notify both O’Banion and the Court. The application was denied in all other respects.
Legal Issues Addressed
Obligation to Notify When Public Records Are Destroyedsubscribe to see similar legal issues
Application: The court required the Clerk of Court to notify both the applicant and the court if the requested public records have been destroyed.
Reasoning: If the requested documents have been destroyed, the Clerk must notify both O’Banion and the Court.
Right to Access Public Records under Louisiana Constitutionsubscribe to see similar legal issues
Application: The court affirmed the applicant's right to access public records as per the Louisiana Constitution, mandating that the Clerk of Court provide necessary information regarding reproduction costs.
Reasoning: The Court of Appeal, Fourth Circuit, granted the writ in part, directing the Clerk of Court to provide O’Banion with an estimate of the reproduction costs for the requested public records, which he is entitled to under Louisiana law.
Statutory References for Access to Public Recordssubscribe to see similar legal issues
Application: The court's decision was guided by specific statutory references, reinforcing the legal framework governing public records access.
Reasoning: References include Louisiana Constitution Article XII, Section 3, and several statutes (R.S. 44:31; R.S. 44:31.1), as well as case law from State ex rel. Leonard v. State, State ex rel. Level v. State, and Range v. Moreau.