Cull v. CADARO
68 So. 3d 1161
La. Ct. App.2011Background
- Cull sought via writ of mandamus under the Louisiana Public Records Act records of Orleans Parish jury venires Jan 2009–June 2010, including juror names, gender, and race.
- Liddell (Jury Administrator) and the Orleans Parish Jury Commissioners denied the request; no explanation given for denial.
- Trial court held the records public; no reasonable privacy interest for juror data except Social Security numbers; race not maintained as a record.
- Trial court ordered production of the venire lists and taxed reasonable attorney's fees as costs against the defendants.
- Defendants appealed arguing privacy interests override public records access and that balancing was required.
- Court of Appeal affirmed the mandamus, finding no reasonable privacy expectation in the requested public data except SSN and entitlement to records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jury venires are public records under the Public Records Act. | Cull asserts records are public. | Cadaro et al. contend privacy interests may bar disclosure. | Public records; records are accessible. |
| Whether jurors have a reasonable privacy expectation in venire data. | No significant privacy interest negating access. | Potential jurors have privacy concerns; data should be protected. | No reasonable privacy expectation in most venire data, except SSN. |
| Whether a balancing test between public access and privacy is required. | No balancing needed where no privacy interest exists. | Balancing should weigh privacy against disclosure. | Not required given lack of privacy interest; disclosure ordered. |
| Whether race information of jurors is kept and subject to disclosure. | Race data within the records requested should be provided if kept. | Jury Commission not required to provide race if not kept; not in data. | Plaintiff entitled to race data if records maintained; otherwise not required. |
Key Cases Cited
- Title Research Corp. v. Rausch, 450 So.2d 933 (La. 1984) (public access to records is fundamental; doubt resolved in favor of access)
- Local 100, Service Employees' Int'l Union v. Forrest, 675 So.2d 1153 (La. App. 1st Cir. 1996) (privacy rights require balancing with public interests)
- Webb v. City of Shreveport, 371 So.2d 316 (La. App. 2nd Cir. 1979) (when privacy is asserted, balancing test applies)
- Angelo Iafrate Construction, L.L.C. v. State ex rel. Department of Transportation and Development, 879 So.2d 250 (La. App. 1st Cir. 2004) (privacy interests vs. public records; reasonable expectation test)
- Capital City Press v. East Baton Rouge Parish Metropolitan Council, 696 So.2d 562 (La. 1997) (privacy rights limited by public interest in information)