Could a Louisiana police department withhold information from an ongoing criminal investigation at a civil service hearing?

Plain-English summary

Monroe police asked about questioning at a public civil service disciplinary forum that might expose informants, undercover officers, or facts of an ongoing criminal investigation. The AG answered by applying Louisiana's public records law. It said information held by the department that related to pending criminal litigation or would reveal a confidential source fell within the cited disclosure exception.

The opinion did not separately decide a witness's duty to answer every possible question at a disciplinary hearing. Its conclusion addressed whether the protected information had to be disclosed to the public.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the department have to release pending criminal case information?
The AG said the cited exception relieved it of public disclosure for records or information tied to pending criminal litigation.

What about information identifying a confidential source?
The AG said information revealing the source also was outside required public disclosure under the quoted exception.

Did the opinion decide every question a witness could refuse at a hearing?
No separate witness rule was given. The answer was framed as a public records disclosure conclusion.

Background and statutory framework

La. R.S. 44:1 supplied the broad public records definition. The opinion quoted La. R.S. 44:3's exceptions for police information concerning pending or reasonably anticipated criminal litigation and for records identifying a confidential source.

Citations and references

• La. R.S. 44:1: public records definition.
• La. R.S. 44:3: exceptions addressed for pending criminal litigation and confidential sources.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0134

Original opinion text

June 1, 2000
Opinion # 00-134
Opinion # 00-134
90-C
PUBLIC RECORDS
Major Larry Martin
LSA R.S. 44:1(2); LSA R.S. 44:3(A)
Commander, Special Operations It is the opinion of the Attorney General that any
Monroe Police Department
information held by the Monroe Police
Department which is subject to a pending
Post Office Box 1581
criminal litigation or which would reveal the
Monroe, Louisiana 71210 – 1581 source of confidential information is not a public record. Thus, the department is not required to
Dear Major Martin: disclose such information to the public.

Please be advised that the office of the Attorney General is in receipt of your opinion request regarding the public nature of information in an ongoing criminal investigation. You specifically ask the following questions relating to a public Civil Service Board disciplinary forum:

(1) Can anyone question someone having knowledge of a pending and an ongoing criminal investigation whereas the answers may expose or possibly expose informants, officers or other facts that may hamper or even endanger possible undercover officers or jeopardize the outcome of an investigation?

(2) Must the person who may be questioned answer if they believe the answer may harm or cause danger to the investigation being conducted?

The applicable law controlling the above questions is Louisiana Public Records Law, La. R.S. 44:1 et seq. In particular, La. R.S. 44:1 provides in pertinent part:

(2) All books, records, writings, accounts . . . 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 . . . of the state . . . are public records, except as otherwise provided in this Chapter or as otherwise specifically provided by law.

Page 2

An applicable exception to La. R.S. 44:1 above is La. R.S. 44:3, which provides in pertinent part:

A. Nothing in this Chapter shall be construed to require disclosures of records, or the information contained therein, held by the offices of . . . police departments . . . which are:
(1) Records pertaining to pending criminal litigation or any criminal litigation which can be reasonably anticipated, until such litigation has been fully adjudicated or otherwise settled . . .
(2) Records containing the identity of a confidential source of information or records which would tend to reveal the identity of a confidential source of information . . .

Subsection A above provides the pending criminal litigation exception to the Public Records Law. Records held by a police department of a pending criminal investigation, and the information contained in such records, are not public records.

Therefore it is the opinion of the Attorney General that any information held by the Monroe Police Department which is subject to a pending criminal litigation or which would reveal the source of confidential information is not a public record. Thus, the department is not required to disclose such information to the public.

I hope this opinion adequately addresses your questions. If I may be of further assistance, please do not hesitate to contact my office. With warmest regards, I remain

Very Truly Yours,

RICHARD P. IEYOUB
Attorney General

BY: _________
TOBY J. AGUILLARD
Assistant Attorney General

Page 3

Opinion # 00-134

90-C PUBLIC RECORDS

LSA R.S. 44:1(2); LSA R.S. 44:3(A)

It is the opinion of the Attorney General that any information held by the Monroe Police Department which is subject to a pending criminal litigation or which would reveal the source of confidential information is not a public record. Thus, the department is not required to disclose such information to the public.

Major Larry Martin
Commander, Special Operations
Monroe Police Department
Post Office Box 1581
Monroe, Louisiana 71210 – 1581

Date Received:
Date Released: June 1, 2000

TOBY J. AGUILLARD
ASSISTANT ATTORNEY GENERAL