DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 75 Engrossed 2019 Regular Session Zeringue
Abstract: Provides that any reminder, caution, or admonishment to a judge regarding conduct that
may be contrary to the Code of Judicial Conduct shall be public record.
Present law (R.S. 44:1 et seq. – Public Records Law) provides that all books, records, writings,
accounts, letters and letter books, maps, drawings, photographs, cards, tapes, recordings,
memoranda, and papers, and all copies, duplicates, photographs, including microfilm, or other
reproductions thereof, or any other documentary materials, regardless of physical form or
characteristics, including information contained in electronic data processing equipment, having been
used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or
performance of any business, transaction, work, duty, or function which was conducted, transacted,
or performed by or under the authority of the constitution or laws of the state, or by or under the
authority of any ordinance, regulation, mandate, or order of any public body or concerning the receipt
or payment of any money received or paid by or under the authority of the constitution or the laws
of the state are "public records". Present law establishes a framework for the ready availability of
public records to requesting persons and specifically provides that it is the duty of the custodian of
the public records of a public entity or agency to provide copies to persons so requesting. Provides
for certain exceptions, exemptions, and limitations.
Present law provides that documents filed with, and evidence and proceedings before the judiciary
commission, are confidential. Provides that the record filed by the commission with the supreme
court and proceedings before the supreme court are not confidential.
Proposed law retains present law and additionally provides that any reminder, caution, or
admonishment from the commission to a judge regarding conduct that may be contrary to the Code
of Judicial Conduct shall not be confidential and shall be a public record subject to inspection,
examination, copying, and reproduction in the manner provided by present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 44:10)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill: 1. Remove provisions that made public record any document produced by the commission
summarizing a preliminary inquiry or an investigation of judicial misconduct and any
notice to a judge that a preliminary inquiry or investigation did not disclose sufficient
cause to warrant further proceedings.