State v. Gerald D. Jones - Writ Denied, Public Records
Summary
The Louisiana Court of Appeal, First Circuit denied Gerald D. Jones's supervisory writ application seeking to compel production of district attorney and defense counsel files under Louisiana's Public Records Law. The court held that public records requests cannot be enforced as part of a criminal proceeding and must instead follow civil mandamus procedures under La. R.S. 44:35(C).
“Requests for production of the district attorney's files and counsel's files pursuant to the Public Records Law cannot be enforced as part of a criminal proceeding.”
What changed
The court denied a writ application seeking to enforce requests for the district attorney's files and defense counsel's files pursuant to Louisiana's Public Records Law as part of a criminal proceeding. The court found no indication that the relator requested the pleadings from his former counsel before seeking relief from the district court.
Affected parties seeking public records from government custodians in Louisiana must first make requests to the record custodian, then institute civil proceedings for a writ of mandamus at the trial court level if denied, before seeking appellate review. This ruling clarifies that public records disputes cannot be piggybacked onto criminal proceedings.
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April 20, 2026 Get Citation Alerts Download PDF Add Note
State Of Louisiana v. Gerald D. Jones
Louisiana Court of Appeal
- Citations: None known
- Docket Number: 2026 KW 0064
Precedential Status: Unknown Status
Combined Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISTANA NO. 2026 KW 0064
VERSUS
GERALD D. JONES APRIL 20, 2026
In Re: Gerald D. Jones, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
07-17-0429.
BEFORE: LANIER, WOLFE, AND HESTER, JJ.
WRIT DENIED. Requests for production of the district
attorney’s files and counsel’s files pursuant to the Public Records
Law cannot be enforced as part of a criminal proceeding. There is
no indication that relator requested the pleadings at issue from
his former counsel of record, Scott Collier, before seeking relief
from the district court. Relator should follow the enforcement
procedures set forth in La. R.S. 44:35(C). See State ex rel.
McKnight v. State, 98-2258 (La. App. Ist Cir. 12/3/98), 742 So.2d
894 (per curiam). A person who desires to examine public records
must make the request to the custodian of the records. See ha.
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). A mandamus proceeding
brought under the Public Records Law is a civil action. See Landis
v. Moreau, 2000-1157 (La. 2/21/01), 779 So.2d 691, 696.
Accordingly, should the person prevail, he should be prepared to
pay the regular service fees for copies of the documents.
McKnight, 742 So.2d at 895; State ex rel. Nash v. State, 604 So.2d
1054 (La. App. Ist Cir. 1992). 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).
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