State Of Louisiana v. Gerald D. Jones

• Court: Louisiana Court of Appeal
• Decided: April 20, 2026
• Docket: 2026 KW 0064
• Status: Unknown

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).

WIL EW CHH

~ OF APPEAL, FIRST CIRCUIT

My uot 2 AY Vino Pe UTY CLERK OF COURT

FOR THE COURT

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