Chicago Tribune Co. v. Mauffray

996 So. 2d 1273, 2008 WL 4791832
CourtLouisiana Court of Appeal
DecidedNovember 5, 2008
Docket08-522
StatusPublished
Cited by5 cases

This text of 996 So. 2d 1273 (Chicago Tribune Co. v. Mauffray) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chicago Tribune Co. v. Mauffray, 996 So. 2d 1273, 2008 WL 4791832 (La. Ct. App. 2008).

Opinion

996 So.2d 1273 (2008)

The CHICAGO TRIBUNE COMPANY, et al.
v.
Honorable J.P. MAUFFRAY, Jr., et al.

No. 08-522.

Court of Appeal of Louisiana, Third Circuit.

November 5, 2008.

*1275 Dan Brian Zimmerman, Mary Ellen Roy, Phelps Dunbar, L.L.P., New Orleans, LA, for Plaintiff/Appellee, The Chicago Tribune Company, et al.

Donald R. Wilson, Gaharan & Wilson, Jena, LA, for Defendants/Appellants, Honorable John Philip Mauffray, Jr., Steve H. Crooks, Clerk.

James D. Caldwell, Attorney General, David G. Sanders, Patricia Hill Wilton, Assistants Attorney General, Baton Rouge, LA, for Defendants/Appellants, Honorable John Philip Mauffray, Jr., Steve H. Crooks, Clerk.

Court composed of JOHN D. SAUNDERS, JAMES T. GENOVESE, and CHRIS J. ROY, SR.[*], Judges.

SAUNDERS, Judge.

FACTS AND PROCEDURAL HISTORY:

This appeal arises from a writ of mandamus issued in the 28th Judicial District Court by the Honorable Thomas M. Yeager (hereinafter Judge Yeager), who was appointed by the Louisiana Supreme Court to preside ad hoc over a writ application filed in that district by Appellees (hereinafter "News Media").[**] The News Media's writ application sought to compel the Honorable J.P. Mauffray, Jr. (hereinafter Judge Mauffray), Judge for the 28th Judicial District Court, to open to the public the proceedings in State of Louisiana in the Interest of Mychal Bell, juvenile case number J-4002. Judge Mauffray had *1276 closed his courtroom to the public, citing the Louisiana Children's Code for the proposition that the juvenile proceedings before him were required by law to be confidential. It is unclear from the record before us whether Judge Mauffray cited any other reasons for closing the proceedings to the public.

Prior to filing the writ of mandamus, the News Media had filed intervention pleadings, seeking, among other things, to have the court proceedings opened to the public. However, when the intervention pleadings were presented for filing, the Honorable Steve H. Crooks (hereinafter Clerk Crooks), Clerk of Court for the 28th Judicial District Court, time-stamped the pleadings, but did not file them. Judge Mauffray and Clerk Crooks (hereinafter sometimes referred to collectively as the "28th Judicial District Court")conceded, in brief and at oral argument, that it was inappropriate for Clerk Crooks not to file the intervention pleadings and offered to file them if presented again by the News Media. However, Judge Mauffray informed the News Media that, in any event, the intervention pleadings would not be set for hearing timely. Thus, the News Media decided to file a writ of mandamus. At the time of the writ application, the News Media were strongly interested in the case, as it involved one of the "Jena Six" defendants, which litigants were receiving national attention.

Judge Mauffray recused himself from hearing the writ application, and Judge Yeager, presiding ad hoc, granted the News Media's application and issued a writ of mandamus, compelling Judge Mauffray to open the juvenile proceedings to the public. Judge Mauffray never complied with the writ of mandamus. In oral argument before this court, the News Media requested access to all records of the proceedings, including pre-adjudication records.

Judge Mauffray and Clerk Crooks, in their representative capacities as the only judge and clerk of court for the 28th Judicial District Court respectively, appeal on behalf of that court, asserting three assignments of error.

ASSIGNMENTS OF ERROR:

1. Did the district court have jurisdiction to issue a writ of mandamus to compel a district judge to perform mandatory or purely ministerial duties?
2. Did the News Media's writ of mandamus seek to compel performance of a discretionary act?
3. Did the News Media have standing to assert a right to attend and gain access to records of juvenile proceedings numbered J-4002?

MOOTNESS:

Before addressing appellants' assignments of error, this court must determine, as a threshold issue, whether this case presents a justiciable controversy or whether it is moot. It is "well settled that courts will not decide abstract, hypothetical or moot controversies or render advisory opinions with respect to moot controversies. . .". Cat's Meow, Inc. v. City of New Orleans Through Dept. of Finance, 98-601 (La.10/20/98), 720 So.2d 1186, 1193. Courts require that cases submitted for adjudication be justiciable, ripe for decision, and not brought prematurely. St. Charles Parish Sch. Bd. v. GAF Corp., 512 So.2d at 1165(1987).

A "justiciable controversy" connotes, in the present sense, an existing actual and substantial dispute, as distinguished from one that is merely hypothetical or abstract, and a dispute which involves the legal relations of the parties who have real adverse interests, and upon which the judgement of the court may *1277 effectively operate through a decree of a conclusive character.

Abbott v. Parker, 259 La. 279, 249 So.2d 908, 918 (1971). In determining whether this case constitutes "an existing actual substantial dispute," this court, on its own motion, takes judicial notice of the fact that the proceedings in State of Louisiana in the Interest of Mychal Bell, juvenile case number J-4002, ended with a plea agreement between Mr. Bell and the State.[***] Thus, it is unclear what practical relief, if any, would result from a judgment by this court. However, the United States Supreme Court has ruled in a similar case that, even where a judicial proceeding has long since ended, jurisdiction of the court is not, "necessarily defeated by the practical termination of a contest which is short-lived by nature. . . . If the underlying dispute is `capable of repetition yet evading review'. . . it is not moot." Richmond Newspapers, Inc., et al. v. Virginia, 448 U.S. 555, 563, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980) (citations omitted).

In this case, the News Media is still seeking access to the court records in Mychal Bell's juvenile proceedings. It is reasonably foreseeable that other juvenile proceedings involving a crime of violence may be closed by other judges without any more showing of need than is presented on this record. Further, some juvenile delinquency proceedings, such as those ending in plea bargains, will be of such short duration that a closure order "will evade review." Nebraska Press Ass'n v. Stuart, 427 U.S. 539, 547, 96 S.Ct. 2791, 49 L.Ed.2d 683(1976). As such, this court will address the issues presented herein.

ASSIGNMENT OF ERROR # 1

The 28th Judicial District Court first argues that a district court lacks jurisdiction to hear an application for a writ of mandamus against a district judge. We agree.

"The writ of mandamus lies to compel the judge of an inferior court to perform any of the duties required of him by law . . . ." State ex. rel. Wise v. S.L., 32 La.Ann. 977 (1880) (emphasis added). Furthermore, the Corpus Juris Secundum states that:

As a general rule, a court has power to issue a writ of prohibition to restrain an inferior court, but it cannot issue such a writ against itself, or a branch of the same court, or a judge of that court. Moreover, it cannot issue the writ against a court, or judicial officer, of equal rank . . .

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Cite This Page — Counsel Stack

Bluebook (online)
996 So. 2d 1273, 2008 WL 4791832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicago-tribune-co-v-mauffray-lactapp-2008.