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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 ENROLLED
SENATE BILL NO. 596
BY SENATOR KOSTELKA AND REPRESENTATIVES BARROW, COX, DIXON,
HOFFMANN, HUNTER, KATRINA JACKSON, NANCY LANDRY
AND PIERRE
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
(1) The information sought is essential to the case of the party seeking18
the information and is not merely peripheral, cumulative, or speculative.19
(2) The purpose of seeking the information is not to harass the judge, nor20
for the mere purpose of seeking recusal of the judge.21
(3) With respect to a subpoena, the subpoena lists the information sought22
with particularity, is reasonably limited as to subject matter and period of time,23
and gives timely notice.24 SB NO. 596 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(4) There is no practical alternative means of obtaining the information.1
B. Waiver. Failure to object timely to a party's non-compliance with the2
provisions of this Article constitutes a waiver of the procedural protections of3
this Article, but does not constitute a waiver of any privilege.4
C. The procedural provisions of and the protections afforded by5
Paragraph A of this Article shall extend to any judge of any court provided for6
by Article V of the Constitution of Louisiana and to any commissioner or special7
master of such court.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: