First Commerce Title Co., Inc. v. Martin

887 So. 2d 716, 2004 WL 2609138
CourtLouisiana Court of Appeal
DecidedNovember 17, 2004
Docket38,903-CA
StatusPublished
Cited by3 cases

This text of 887 So. 2d 716 (First Commerce Title Co., Inc. v. Martin) 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
First Commerce Title Co., Inc. v. Martin, 887 So. 2d 716, 2004 WL 2609138 (La. Ct. App. 2004).

Opinion

887 So.2d 716 (2004)

FIRST COMMERCE TITLE COMPANY, INC., Plaintiff-Appellant,
v.
James W. MARTIN, Clerk of Court, et al., Defendant-Appellee.

No. 38,903-CA.

Court of Appeal of Louisiana, Second Circuit.

November 17, 2004.

*717 Jeff R. Thompson, Bossier City, for Plaintiff-Appellant.

Corkern & Crews, L.L.C. by Ronald E. Corkern, for Defendant-Appellee.

Before BROWN, WILLIAMS, STEWART, MOORE, and LOLLEY, JJ.

MOORE, J.

The single issue presented in this appeal is whether a clerk of court may prevent the use of hand-held or portable scanners inside the office of a clerk of court. The district court concluded that La. R.S. 44:32 C(1)(c) and C.C.P. art. 251 A allowed the clerk to prevent such use. For the following reasons, we reverse.

Factual Background

In August 2001, an employee of First Commerce Title Company went to the Bienville Parish Courthouse in Arcadia, Louisiana, to conduct title research on certain properties located in that parish. He used a small hand-held scanner to scan a section of a map hanging on the wall as well as some public documents maintained by the clerk of court. James M. Martin, the clerk of court, advised him that use of the scanner was not permitted in the clerk of court's office, and that a sheriff's deputy would remove him from the premises if he attempted to use it again. Mr. Martin followed up by letter to First Commerce, citing R.S. 44:32, "which prohibits the use of imaging equipment by others in the Clerk's Offices."

Two weeks later, the same employee was again threatened with physical removal if he attempted to use a portable scanner in the office. First Commerce's president, David Touchstone, formally protested by letter of August 21, 2001, citing La. Const. Art. 12, § 3, R.S. 44:32 and certain jurisprudence. Mr. Martin stood by his refusal to permit use of the scanner, denied he ever threatened to have First Commerce's employee arrested, and offered to make copies for anyone for $0.50 a page.

First Commerce filed the instant petition in November 2001, seeking an injunction or, in the alternative, a declaration that R.S. 44:32 C is unconstitutional.[1] By amended petition, First Commerce prayed for judgment ordering Mr. Martin to permit the use of a scanner in the Bienville Parish Clerk of Court office; to permit the use of scanners without the assessment of fees, charges or costs; and to pay attorney *718 fees and costs pursuant to R.S. 44:35 D. Mr. Martin denied First Commerce's position and also prayed for attorney fees pursuant to R.S. 44:35 F.

After a motion for summary judgment filed by First Commerce was rejected, trial was set for September 2003; ultimately, however, the parties submitted the case via joint stipulation. The district court ruled in favor of the clerk of court, finding that hand-held or portable scanners fall within the definitions of "other such imaging equipment" in La. C.C.P. art. 251 A and R.S. 44:32 C(1)(c), and that the clerk could prevent their use inside the office of the clerk of court. By judgment of March 9, 2004, the court denied First Commerce's claims and rejected both sides' claims for attorney fees. This devolutive appeal followed.

Discussion

No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law. La. Const. Art. 12, § 3. The right of the public to have access to public records is fundamental and must be construed liberally in favor of free and unrestricted access to the public records. Landis v. Moreau, XXXX-XXXX (La. 2/21/01), 779 So.2d 691. Likewise, the statutory provisions for right of access to public records should be construed liberally, with any doubt resolved in favor of the right of access. Title Research Corp. v. Rausch, 450 So.2d 933 (La.1984). Louisiana's Public Records Law, La. R.S. 44:1-44, implements the constitutional guarantee:

§ 31. Right to examine records
Except as otherwise provided in this Chapter or as otherwise specifically provided by law, and in accordance with the provisions of this Chapter any person of the age of majority may inspect, copy or reproduce or obtain a reproduction of any public record.

The exception applicable to this case is expressed in La. R.S. 44:32 C(1)(c) and C.C.P. art. 251 A, which provide, respectively:

The placement of mechanical reproduction, micrographic reproduction, or any other such imaging, reproduction, or photocopying equipment within the offices of the clerk of court by any person, individual, or enterprise described in R.S. 44:31 is prohibited.
The clerk of court is the legal custodian of all of its records and is responsible for their safekeeping and preservation. He may issue a copy of any of these records, certified by him under the seal of the court to be a correct copy of the original. Except as otherwise provided by law, he shall permit any person to examine, copy, photograph, or make a memorandum of any of these records at any time during which the clerk's office is required by law to be open. However, notwithstanding the provisions of this Paragraph or R.S. 44:31 et seq., the clerk shall not be required to permit the placement or installation of privately owned copying, reproducing, or any other such imaging equipment within the offices of the clerk of court.

The question is whether the use of a hand-held scanner constitutes the "placement" or "installation" of prohibited equipment within the offices of the clerk of court.

Initially, we observe that when the wording of a section of the Revised Statutes is clear and free of ambiguity, the letter of it shall not be disregarded under the pretext of pursuing its spirit. La. R.S. 1:4. The same principle is voiced in La. C.C. art. 9: "When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall *719 be applied as written and no further interpretation may be made in search of the intent of the legislature." Only when the language of the law is susceptible of different meanings must it be interpreted as having the meaning that best conforms to the purpose of the law. La. C.C. art. 10.

While a hand-held or portable scanner plainly is a type of "imaging equipment," the question is whether the use of this device equates to "placement" or "installation" within the offices of the clerk of court. A plain reading dictates that neither "placement" nor "installation" is synonymous with "use" because both include the concept of a particular location. "Placement" is an act or instance of placing, and "placing," in turn, is putting in a particular place or directing to a desired spot; "installment" is the act of "installing," which means establishing in an indicated place.[2] Thus, the installation or placement of imaging equipment in a clerk's office denotes the assigning or locating of such equipment at a particular spot in a clerk's office. Obviously, a hand-held scanner, because of its light weight and portable nature, cannot easily be made to fit the definition of imaging equipment that is assigned to a particular location or spot.

Had the legislature desired to ban the use of any type of privately-owned imaging equipment in a clerk of court's office, then it easily could have accomplished that objective by employing the word "use" in the law.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Caliste v. Cantrell
E.D. Louisiana, 2020
Johnson v. City of Pineville
9 So. 3d 313 (Louisiana Court of Appeal, 2009)
Kenneth Johnson v. City of Pineville
Louisiana Court of Appeal, 2009
Opinion Number
Louisiana Attorney General Reports, 2008

Cite This Page — Counsel Stack

Bluebook (online)
887 So. 2d 716, 2004 WL 2609138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-commerce-title-co-inc-v-martin-lactapp-2004.