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Calcasieu Clerk of Court Conceals Violent Crime Records from Public, Defying State Open Records Laws
The policy maintained by the Calcasieu Parish Clerk of Court’s Office that requires a signed order from a judge to release violent crime records to the public is the subject of legal and constitutional challenges.
Attorneys and constitutional experts contend that this policy violates the Louisiana State Constitution's open courts and public records provisions, the state public records law, and the First Amendment.
Key Details of the Policy and Controversy
*The Clerk’s Position
The elected Clerk of Court, Lynn Jones, and his staff maintain the policy is necessary for protecting victims and juveniles. He stated that the policy predates his 21-year tenure and has never been questioned before. Jones's position is that the office is trying to avoid mistakes that could lead to harm and welcomes a lawsuit to have the courts ultimately decide on the matter.
*Rationale: To protect victims and juveniles, citing a state law that protects the identity of sexual crime and juvenile victims.
*Application: The policy has been applied to a violent crime case with two adults and no sexual element, which is why Amy Davis, a neighbor, has little information about a shooting three doors down from her home.
*Legal and Expert Criticism
Constitutional experts and attorneys argue the policy is a severe deviation from standard practice across the country and a blatant violation of public trust and legal mandates.
*Violation of Law: The policy is viewed as directly contrary to state public records laws, which generally require criminal records to be public and allow agencies to withhold records only in specific, cited circumstances (e.g., sex crimes, juvenile crimes).
*Due Process Concerns: Criminal defense attorneys, including Richard Bourke, director of the Louisiana Capital Assistance Center, stated that the lack of transparency affects their ability to represent clients and results in a less reliable criminal justice system.
*Standard Practice: Other Louisiana clerks of court, such as Jon Gegenheimer of Jefferson Parish, readily make criminal records public. Gegenheimer noted that the standard way to protect victims is by redacting their names, not concealing the entire record.
*Public’s Right to Know: Experts like David Cuillier of the University of Florida and Robert Corn-Revere of the Foundation for Individual Rights and Expression stressed that violent crime records are precisely the information the public needs to see to ensure fairness in the justice system, analyze public safety trends, and see how law enforcement responds to crimes.
*Impact of the Policy
The lack of transparency has created confusion and suspicion in the community.
The Amy Davis Case: A neighbor, Amy Davis, has largely relied on rumors because the court file detailing why an initial attempted murder charge was reduced to illegal use of a weapon during a crime of violence is hidden.
*Perception of Secrecy: Davis said, "Even if there isn’t anything underhanded going on, it looks underhanded," and attorney Richard Bourke called the process "shocking" and "conducted with this element of secrecy."
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