May 2015 Attn: Custodian of Records Orleans Parish District Attorney 619 South White Street New Orleans, Louisiana 70119 Via Certi?ed Mail RE: Public Records Request Dear Custodian of Records: I am writing to request a cepy of the following records and documents in the custody and control of the Orleans Parish District Attorney, pursuant to the Louisiana Public Records Law, La. RS. 4421 et seq-: From Januarv 2018 to the present, all records of anv subpoenas and subpoenas duces tecum sought bv the Orleans Parish District Attornev pursuant to the power granted bv Article 66 of the Louisiana Code of Criminal Procedure. This request includes but is not limited to 1. anv motion or request for subpoenas or subpoenas duces tecum sought pursuant to Art. 66 and/or presented to anV section of the Orleans Parish municipal court, magistrate court, or criminal district court; anv subpoenas or subpoenas duces tecum issued pursuant to Art. 66 IN the clerk of anV section of the Orleans Parish municipal court, magistrate court. or criminal district court or issued bV the Of?ce of the Clerk of Court for Orleans Parish municipal court, magistrate court, or criminal district court; anv records of service of subpoenas or subpoenas duces tecum issued pursuant to Art- 66 and served bV representatives/commissioned investigators of the Orleans Parish District Attornev, by representative/commiesioned investigators of the Louisiana Of?ce of Attornev General, or bv the Orleans Parish Sheriffs Office; anv records of the return of subpoenas or subpoenas duces tecum issued pursuant to Art. 66; anv records of the Orleans Parish District Attornev moving for contempt of court for failure or refusal to complv with a subpoena or subpoena duces tecum issued and served pursuant to Art. 66. as {It If different divisions or departments of your agency maintain separate custody of records or documents, I request that you direct each division or department that may have records responsive to this request to make those items available to me Within the time provided for by the Public Records Act. I request that copies of the requested information be provided. Payment for such copies Will be made immediately upon provision of an invoice. Should expected copying costs exceed $50.00, please contact me for approval before incurring this expense. lfyou remove any part of the records requested, I would ask that you provide me with a list containing a general description of each part of the records exempted from public disclosure and the reason for the exemption. La- RS. 44:31 (B) (8). Under the Public Records Law, your office has ?ve business days from the date of this request to provide access to or copies of the records requested. La- RS. Should you Wish to raise any question as to Whether the requested material is a public record subject to disclosure, you must notify me in writing Within three business days of the basis for holding any such record exempt. La. RS. 44:82 (D). Please contact me at (626) 818-5014 or emily.washington@gmail.com with any questions. All reSp onsive records may be sent via electronic mail attachment or to my attention at 4400 S. Carrollton Avenue, New Orleans, LA 70119. Sincerely, ??cmu Emily Washington June 10, 2015 Attn: John Rohr or Custodian of Records Orleans Parish District Attorney - 619 South White Street s: ,v New Orleans, Louisiana 70119 Via First Class Mail RE: Public Records Request Dear Mr. Rohr or Custodian of Records: On May 7, 2015, I wrote to request access to records of any subpoenas or subpoenas duces tecum sought by the Orleans Parish District Attorney pursuant to the power granted by Article 66 of the Louisiana Code of Criminal Procedure from January 2013 to the present. I was informed by letter dated May 11, 2015 that the Orleans Parish District Attorney does not maintain any database or case management system by which such records could be isolated for my review. After speaking with you by telephone, it is my understanding that you maintain all closed case ?les (including refusals) in your capacity as Records Manager. Pursuant to my original request for records, I would like to establish a schedule by which I could review the case files for those cases which the Orleans Parish District Attorney closed or refused, beginning in January 2018. I understand that this will be a large number of case files, and I am happy to work with you and your office to set up review times that will be manageable and convenient for both parties. Please contact me at (626) 818?5014 to schedule times for this record review. Sincerely, Emily Washington "ll-11" is: ll, A, Office of theLOrleiansl Fetish Attorney Leon A. Cannizzaro, Jr. DISTRICT ATTORNEY - ?1:5 Val-'3' - a June 24, 2015 Emily Washington 4400 South Carrollton Avenue New Orleans, Louisiana 70119 Re: Public Records Request Dear MS. Washington: This correspondence comes in response to your June 10, 2015 letter requesting any subpoenas or subpoenas duces tecum sought by the Orleans Parish District Attorney pursuant to the power granted by Article 66 of the Louisiana Code of Criminal Procedure from January 2013 to the present. Under the Public Records Law, a public of?cial is relieved of the obligation to make a public record-Ear inspection when doing so would be unreasonably burdensome or providesasfollovrs: p. 5. .-O 53m 'Availability'of'records . . . .. .. A. (1) When a request is made for a public record to which the public is entitled, the of?cial, clerks of court and the custodian of notarial records in and for the parish of Orleans excepted, who has responsibility for the record shall have the record segregated from other records under his custody so that the public can reasonably View the record. If, however, segregating the record would be unreasonably burdensome or expensive, or if the record requested is maintained in a fashion that makes it readily identi?able and renders further segregation unnecessary, the of?cial shall so state in writing and shall state the location of the requested record. It is well established that the examination of public records or requests for reproduction cannot be so burdensome as to interfere with the operation of the custodian?s constitutional and legal duties. Beckett V. Serpas, 112 So.3d 348, 353 (La. App. 4th Cir. 2013); Vandenweghe v. Parish of Jefferson, 70 So.3d 51, 58 (La. App. 5th Cir, 2011), mi: denied, 71 So.3d 289 (La. 2011); Blliottv. Dist..Attorney offBatoanouge, 664 (La.?App. Cir, 1995), WE denied. 6.6430291 4.40 . 61 9 South White Street New Orleans, Louisiana 70 1 l9 5 04-822?241 4 orleans da. com In the present case, the request for two and a half years of subpoenas and subpoenas duces tecum sought by the District Attorney?s Of?ce is overly broad, particularly in light of the fact that the request involves a review of literally thousands of closed ?les, a substantial number of which are stored off~site. Therefore, compliance With your request would require that this Of?ce manually review thousands of ?les stored on premises and off?site, the retrieval fee for which is $8.10 per ?le. Given the volume of the records requested, the fact that the records cannot are not readily identi?able and locatable, and the retrieval costs involved, the District Attorney?s Office submits that obtaining the records requested by you and preparing them for public review, including redacting and removing privileged information and documentation therefrom, would be unreasonably burdensome. The subpoenas/ subpoenas duces tecum issued at the request of the Orleans Parish District Attorney?s O?ce are apart of the criminal court record, and therefore, the Clerk of Court of the Orleans Parish Criminal District Court is the proper custodian of these records. Respectfully submitted, 4 yr?. Scott G. Vincent, Assistant District Attorney 85f12x?2l315 13: 38 Ell-3589441 COLLECTIONS 81.381 H. (tiriminel ?aistritt (inert PARISH OF ORLEANS OFFIGE OF THE 2700 TULANE AVENUE, some goo new ORLEANS, M70119 TEL: (504) session sex: (504) 653-91 13 RDEEHT J. anm JUDICIAL summon o. siMs May 11, 2015 JUDICIAL Emily Washington 44-00 S. Cerrollton Avenue New Orleans, LA 70119 Dear Ms. Washington: in response to your public records request dated May 7, 2015, whereas you requested. information. from all of the individual judges and commissioners if Criminal District Court, as relating to, ?Hell records of any subpoenas and subpoena cluciis tecum sought by the Orleans Parish District Attorney pursuant to the power granted. by Article so of the Louisiana Code of trim inel Procedures from Ianuary 2013 to present,? These records are not in our custody. li?yoo have any questions or concerns, please do not hesitate to coil. Regards, Robert Kazils ludicisl Administrator RIK/?eed Cc: Chiefludge Benedict Willard, Section Judge Laurie A- White, Section A Judge Tracey Flemings-Davillier, Section judge Calvin Johnson, {ad hoc) foriucige Frank A. Marullo, Section lodge Kevs Lendrum-Jolmson, Section Judge Robin D. Pittman, Section Judge Byron C. Williams, Section judge Cemilie Bursts, Section judge Karen K. Herman, Section I lodge Darryl A- Derhigny, Section 1 Judge Arthur L. Hunter, Section Judge Franz Zibilich. Section lodge Harry E. Cantrell, Magistrate 8L All Magistrate Commi ARTHUR A. MORRELL CLERK OF COURT 1! 1,1 t? . 2?OFFICE {504) 6589000 2700 Tulane Ave. #114 . New Orleans, LA 70119 I STRI CT COURT FAX (504) 658-9183 CHIEF ELECTIONS OFFICER. June 3, 2015 Emily Washington 4400 S. Carrollton Ave. New Orleans LA 70119 Re: 'ReSponse to your public "records request dated May 18, 2015 Dear Ms. Washington: The clerk?s of?ce is in receipt of your letter dated May 18th 2015, however, your request for public records based on Louisiana law R.S. 44: 1st seq: cannot be met. In order to obtain the subpoena information requested, it would be necessary for us to review all records from January 2013 to this current date. The Clerk?s of?ce receives roughly 6, 000 cases per year into the Orleans Parish district criminal court system. This request would require us to review over 15,000 cases. There is no set number of subpoenas per case. For example, case number 514?448 has 76 subpoenas issued. The cost of 76 copies for this one case would be $114.00. The cost per page is $1.50. If each case has only one subpoena, the cost would be $22,5 00 for copies. No case has only one subpoena in the ?le, most cases have multiple subpoenas. Your letter said to contact you ?rst if the fees associated with this request would exceed $50. As you can see, this will be an insufficient amount to complete your request. In addition to the cost of copies, there will be an additional after hours charge for staff work on your request. This staff cost is necessary because of the volume and the unusual nature of this request. This letter servers to notify you that we are unable to complete your public records request as requested in your May 18th letter. However, you may come into the of?ce to review any and all ?les at your convenience during office hours. The Clerk?s of?ce hours for public view are from 8:00am until 3:00pm. Please feel free to contact this of?ce for further information. Sine ely, JWW Arthur A. Morrell fy?vj u; . Hi i g; A FINE AND BE IMPUSED FUR FMLIPRE T0 THIS HUTICE. Of?ce af the (Prisms Parish District Attorney CRIMINM. DPETRIW EDURT FDR THE PARISH DREAMS Yum Am HtrEby Nuti?ad pursuant tn LSA-CCRP art. 63.5 appm th; Dimict Amway fax: the Parish 0f O-rlcans, to testify IE0 the truth awarding 133 your knowledge in such matters as may he rcqnincd nfyou. on March: 1.6. 2&1? at 9:011 AM Assistant Distrim .A?emey: Imga Pema-vihh . 827-8302 at 2619' Sa?thWhita Street In th? case of: State of LA 115.. Jami?? McBride E463W45. item C359 526-0516, Charge?s]: ?tmtact the ahuue named Assistant Districk Mamas! 13mm mace-int nf this subpoena. [ting this suhpuena with you ma Mania mhmey?s ??ica when you appear. in testify. RETURN 01: PERSONAL SERWCE is CERTIFY that an I I received the mamas of {amt of which this is a dup?cate. Recipient af Service ?fl-HS I 5 TD CERTIFY that cm I made due Panama] Service theren? by leavimg same in the hands. a-f the afaresigned Recipient intense write Rac?nfeat?s mama}. the person to Wham the pramss is directed. Samar of mess RETURN 0?53 DUMICILLARY THIS IS TO that on i received prams of~?aurt of which this is a duplitate, ?e?pfent affewfca THIS TD CERTIFY that an I made due Persona! Service tham? by having same in the hands of the afm?esigned Recipient (Maxim Write Recipient?s name}; a person of suitab-Be agaand did-scremn,1 res?lu?ing at the damicile of the person fa Wham the said process 0% Cam: was. issued, who was. ahsem at the farm. whim fact I i?eame? by Interraga?ng the person in whmse hands the said prunes-5 was left, Sewer of Prams: El". 1 ?annuals. . .- t. A ANN LNLPEISNNMENT BE LNLPELSEN Of?ce off the @Eieans Parish District Attornray FAA EALLNEE TN OBEY THIS News14mg V4 You ALE Hereby Noti?ed to Luti (56 to Appear in?ate the Atto?rm?y For the Parish ai? 011mm,: E0 {Esei?y Lu Tim according to your knowledge in such 111mm. 115311151? LN: requi'mei Lem l?i" M19 r! at Mz?m?/ it? Assistant. Sti?iCt Attarneg Pork Eho?neN?: at Street - the cas etiofi; State of LANEI {?54 ?it, ii item Di) LP C?as?e if 1T) 617i q' Chasg?gjaa iLi 230 i 'ILT'stiitEfians: A WANNA i? 0.13.31; H??l??qn?f?lsm??gi 9133,. 1? a? ?l '0 EL A'Mii?i?iiqii A?Lrgi- with if}? 3. AMA NAN It}? ?3?4pr (gill-u $2"sz 5 MA I iafi '?nial. 331:3: ?54: 5? thal?e?isbn to Wham that process is dir?izted. the af?resigned Recipient DISTRHET COURT 50R THE PARISH 0F 3' a: Lu ?tf L3?J-E3itli RETURN PERSONAL SERVICE . THIS, CERTIFY that on ?l Eetc?iir?d theprotess Nf?Cutut't di'L'which? this 151a :ciupiicaiet Re?ijii?nt 3f SEMCE IS To; that I made due Rersanai S?rvice thereof by leaving same in the hands of the aforeslgned Recipient (gimme. write TR?cipient?sname}, Server-of Pracess RETURN OF UNMLICILIARYSERWEE. THIS: 15 To thatch i?Te-eeived the: process of Count pt which this 1521 {implicat'ez Re?fpient o?S?m?ce CERTIFY that on i made title i?ersonal Service thereof by leaving same in the ha a; . .v (pie-use write NE'cipfent?s Name}, .a person of suitable age and discretion, residiNg at the domicile of th? person to Whom th? said prece?ss dr- Court was issued, who was absent at the time which factl teamed by Interrogati mg the persen in whose hantls the said process was left. Sewer of Process EAT