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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 596
BY SENATOR KOSTELKA
EVIDENCE. Provides an exemption from subpoena for judges and commissioners of
Article V courts. (gov sig)
AN ACT1
To enact Code of Evidence Article 519, relative to testimonial privileges for judges in civil2
and criminal cases; to prohibit the issuance of a subpoena requiring a judge to testify3
in a civil, criminal, or juvenile proceeding without a hearing to determine privilege;4
to provide for specific requirements regarding the information being sought through5
the judge's testimony; to provide for a waiver for failure of a judge to timely object6
to a subpoena; to extend privilege to any judge or commissioner provided for in the7
constitution of Louisiana; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Code of Evidence Article 519 is hereby enacted to read as follows:10
Art. 519. Subpoena of judge or his representative in civil and criminal cases11
A. General Rule. Neither a subpoena nor a court order shall be issued12
to a judge or his representative to appear or testify in any civil, criminal, or13
juvenile proceeding, including pretrial discovery or an administrative hearing,14
unless, after a contradictory hearing, it has been determined that the15
information sought is not protected from disclosure by the judicial deliberative16
process privilege, and all of the following:17 SB NO. 596
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) The information sought is essential to the case of the party seeking1
the information and is not merely peripheral, cumulative, or speculative.2
(2) The purpose of seeking the information is not to harass the judge, nor3
for the mere purpose of seeking recusal of the judge.4
(3) With respect to a subpoena, the subpoena lists the information sought5
with particularity, is reasonably limited as to subject matter and period of time,6
and gives timely notice.7
(4) There is no practical alternative means of obtaining the information.8
B. Waiver. Failure to object timely to a party's non-compliance with the9
provisions of this Article constitutes a waiver of the procedural protections of10
this Article, but does not constitute a waiver of any privilege.11
C. The procedural provisions of and the protections afforded by12
Paragraph A of this Article shall extend to any judge of any court provided for13
by Article V of the Constitution of Louisiana and to any commissioner or special14
master of such court.15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Kostelka (SB 596)
Proposed law prohibits the issuance of a subpoena or court order that requires a judge or his
representative to appear or testify in any civil, criminal, or juvenile matter, including pretrial
discovery or administrative hearing, without a contradictory hearing to determine if the
information is protected from disclosure by the judicial deliberative process privilege.
Proposed law provides the following requirements to be determined in the contradictory
hearing:
1. The information sought is essential to the case of the party seeking the information
and is not merely peripheral, cumulative, or speculative. SB NO. 596
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
2. The purpose of seeking the information is not to harass the judge, nor for the mere
purpose of seeking recusal of the judge.
3. With respect to a subpoena, the subpoena lists the information sought with
particularity, is reasonably limited as to subject matter and period of time, and gives
timely notice.
4. There is no practical alternative means of obtaining the information.
Proposed law provides that failure to object timely to a party's non-compliance with the
provisions of proposed law constitutes a waiver of the procedural protections but does not
constitute a waiver of any privilege.
Proposed law provides that the procedural protections afforded by proposed law extend to
any judge of any court provided for by Article V of the La. Constitution and to any
commissioner or special master of such court.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds C.E. Art. 519)