How long did a Louisiana justice of the peace have to keep public records?

Plain-English summary

A justice of the peace asked how long to keep public records. The 1998 attorney general opinion said at least three years, measured from the date each record was made. It relied on LSA-R.S. 44:36, which instructed public records custodians to follow formally approved retention schedules and set a three-year minimum where no such schedule had been executed.

The quoted provision excluded conveyance, probate, mortgage, and other permanent records required by law to be kept for all time. The opinion did not classify any particular justice-of-the-peace record under those exceptions.

Currency note

This opinion was issued in 1998. 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.

Justices of the peace at the time

The opinion told the requesting justice of the peace to maintain public records for at least three years from their creation. The statute it quoted also recognized approved schedules and permanent-record categories.

Records custodians at the time

The 1998 statutory text used an approved retention schedule where one existed. Without a formal schedule, it required preservation for at least three years from the date the record was made.

Common questions

Q: When did the three-year period start?
A: The opinion measured it from the date the public record was made.

Q: Did the statute always permit disposal after three years?
A: No. The provision quoted in the opinion addressed approved retention schedules and categories of permanent records. It set a three-year minimum where no formal schedule had been executed.

Q: Did the opinion identify which justice-of-the-peace records were permanent?
A: No. It quoted the statutory exceptions but did not classify particular records.

Background and statutory framework

The office answered by quoting LSA-R.S. 44:36. As reproduced in the 1998 opinion, the statute required diligence in preserving public records according to formal retention schedules approved by the state archivist and records director. If no formal schedule had been executed, the quoted text required at least three years of preservation. The office applied that minimum to the justice of the peace's records.

Citations and references

• LSA-R.S. 44:36 (preservation of public records, as quoted in 1998)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/98-0183

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DEPARTMENT OF JUSTICE

RICHARD P. IEYOUB
P.O. Box 94005
ATTORNEY GENERAL 70804-9005 TEL: (504) 342-7013
FAX: (504) 342-7335

June 18, 1998
OPINION 98-183

Honorable Steve J. Mortillaro
90-C Public Records
Justice of the Peace
LSA-R.S. 44:36
3501 Metairie Ave S.
Justice of the Peace must maintain public records for a period of at least
Metairie, LA 70001
three years from the date the public record was made.

Dear Mr. Mortillaro:

The time constraints for the maintenance of public records is addressed by LSA-R.S. 44:36,
pertinently providing:

§ 36. Preservation of records

A. All persons and public bodies having custody or control of any public record, other than conveyance, probate, mortgage, or other permanent records required by existing law to be kept for all time, shall exercise diligence and care in preserving the public record for the period or periods of time specified for such pubic records in formal records retention schedules developed and approved by the state archivist and director of the division of archives, records management, and history of the Department of State. However, in all instances in which a formal retention schedule has not been executed, such public records shall be preserved and maintained for a period of at least three years from the date on which the public record was made ..... (Emphasis added).

You will need to maintain your public records for a period of at least three years beginning form
the date on which the public record was made.

Very truly yours,

RICHARD P. IEYOUB
ATFORNEY GENERAL

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