Ellerbe v. Andrews

623 So. 2d 41, 1993 La. App. LEXIS 2570, 1993 WL 254352
CourtLouisiana Court of Appeal
DecidedJuly 2, 1993
DocketNo. 92 CA 1376
StatusPublished
Cited by3 cases

This text of 623 So. 2d 41 (Ellerbe v. Andrews) 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
Ellerbe v. Andrews, 623 So. 2d 41, 1993 La. App. LEXIS 2570, 1993 WL 254352 (La. Ct. App. 1993).

Opinion

CRAIN, Judge.

The sole issue before us is whether a party in a civil action may obtain the “rap sheet” of another party from the State’s centralized computer-based criminal justice information system for discovery purposes.

Defendants in a civil action had issued a subpoena duces tecum and subpoena for deposition to Colonel Paul Fontenot as Director of the Louisiana State Police and Deputy Secretary of the Louisiana Bureau of Criminal Identification and Information (Bureau). Defendants sought the criminal history infor[42]*42mation (“rap sheet”) pertaining to Vérnon Ellerbe, plaintiff in the civil action. In response, the Bureau filed a motion to quash the subpoena. After a hearing on the matter, the motion to quash was denied and the Bureau was ordered to deliver the requested documents in a sealed envelope to defense counsel, who was to retain custody of the documents and deliver them to the court for inspection prior to dissemination to counsel. The Bureau appealed the judgment.

The scope of discovery by the parties in a civil action encompasses any matter not privileged, regardless of its admissibility at trial if the information is reasonably calculated to lead to the discovery of admissible evidence. La.C.C.P. art. 1422. A party or the person from whom discovery is sought may move for a protective order which may be issued for good cause to protect a person or party from annoyance, embarrassment, oppression or undue burden or expense. La.C.C.P. art. 1426. The Bureau contends the information sought (“rap sheet”) is privileged pursuant to La.R.S. 15:575-597, and is thus not discoverable.

The legislature established the Bureau (La.R.S. 15:575-597), to provide for the “complete and timely collection, processing, and dissemination ' of available information on crime, offenders, and the operations of the criminal justice system” through a centralized system in order to promote the improvement of: public safety, sound law enforcement and the administration of criminal justice. La.R.S. 15:575(1). The legislature was further motivated by the goals of seeking reduction of crime, and the protection of citizens and law enforcement personnel. La. R.S. 15:575(4). Among the stated functions, powers and duties of the Bureau pursuant to La.R.S. 15:578 are:

A. (1) To establish and maintain a central repository of criminal history record information and to adopt regulations and procedures to prescribe the terms and conditions under which eligible individuals or agencies may gain access to such information.
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(3) To adopt and promulgate regulations to protect the privacy and security of criminal history record information exchanged with the bureau by any state or local criminal justice agency.
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C. For the purpose of expediting local, state, national, and international efforts in the detection and apprehension of criminals, the bureau may operate and coordinate all communication systems which may be required in the normal conduct of its duties.

The Bureau was empowered by La.R.S. 15:579 to issue rules and regulations:

... consistent with United States Department of Justice requirements, governing the maintenance of privacy and security of criminal records; governing access to and use of records maintained by the central repository; governing restrictions to access and use by authorized agencies or individuals of any state owned or operated system of communications utilized for transmitting criminal history record information to or from the bureau; and governing the purging of any information maintained by the bureau as permitted by law.

The Bureau is mandated to cooperate with the United States Department of Justice and other federal criminal justice agencies and criminal justice agencies of other states to develop a comprehensive state, interstate, national, and international system of criminal information, identification, investigation records and statistics. La.R.S. 15:584. The number of persons or entities authorized to have access to the “rap sheet” information is extremely limited. The Bureau has the duty, upon request, to provide any information contained in its criminal history record and identification files to various enumerated state agencies including any eligible criminal justice agency. La.R.S. 15:587(A)(1). The Bureau is also required to provide specific information upon request and under certain conditions to employers or others who are responsible for the actions of persons in a position of supervisory or disciplinary authority over children pursuant to the Louisiana Child Protection Act, La.R.S. 15:587.1. Additionally, an individual has access to his [43]*43personal criminal history information record under certain circumstances. La.R.S. 15:588.

Pursuant to La.R.S. 15:589, the Bureau also has the duty to adopt rules and regulations to establish and maintain security and control:

... over any data processing or telecommunication system, facilities and personnel recruitment and such processing or communication related assignment policies of the department as become necessary to ensure compliance with all applicable security standards at the state and national level for storage and transmission of criminal history record information. To the maximum extent feasible, the bureau shall regulate through the design, implementation, and operation of the criminal justice information system the privacy and security of information contained herein.

Further, each agency which is required to report data to the Bureau is required to abide by the rules and regulations adopted by the Bureau. La.R.S. 15:594.

A reading of La.R.S. 15:575-597 evidences the clear intent of the legislature to maintain the privacy and confidentiality of the criminal history summaries obtained and stored in the Bureau’s databank. Such information is privileged respecting third parties. Federal, state, interstate and municipal criminal justice agencies, and specifically enumerated agencies and individuals are exempted from the restriction.

The public has the right to examine public records. LA. CONST., art. XII, Sec. 3; La. R.S. 44:1 et seq. The general definition of what constitutes a public record is provided in La.R.S. 44:1(A)(2):

All books, records, writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes, recordings, memoranda, and papers, and all copies, duplicates, photographs, including microfilm, or other reproductions thereof, or any other documentary materials, regardless of physical form or characteristics, including information contained in electronic data processing equipment, having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation, mandate, or order of any public body or concerning the receipt or payment of any money received or paid by or under the authority of the constitution or the laws of this state, are “public records,” except as otherwise provided in this Chapter or as otherwise specifically provided by law. (Emphasis ours).

Under certain conditions the arrest records of a person are exempt from the Public Records Act.

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Cite This Page — Counsel Stack

Bluebook (online)
623 So. 2d 41, 1993 La. App. LEXIS 2570, 1993 WL 254352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellerbe-v-andrews-lactapp-1993.