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Revere v. Canulette5/15/1998
iff's Risk Management Fund, 95-0406 (La. 11/27/95), 664 So.2d 81, 86.
The Legislature did not express an intent concerning the retroactive or prospective application of La.R.S. 44:31.1. Thus, we must classify the law as either substantive, procedural, or interpretive. Substantive laws are laws that impose new duties, obligations, or responsibilities upon parties, or laws that establish new rules, rights, and duties, or change existing ones. Interpretative laws are those which clarify the meaning of a statute and are deemed to relate back to the time that the law was originally enacted. Procedural laws prescribe a method for enforcing a substantive right and relate to the form of the proceeding or the operation of the laws. Sudwischer v. Estate of Hoffpauir, 705 So.2d at 729.
We conclude that the new definition of person in La.R.S. 44:31.1 is procedural in nature. Although the statute limits an inmate's right to obtain public records from the custodian, it does not do away with this substantive right. The limitation, which excludes requests which are not related to post-conviction relief remedies, is a reasonable one, which only limits the right of access in areas which are not useful to an inmate. The statute merely changes the manner in which the substantive right of access to public records is exercised. The inmate still can obtain access to those records by other means.
Accordingly, we find no error in the trial court's retroactive application of La.R.S 44:31.1 to the actions filed prior to August 15, 1995.
CONCLUSION
For the foregoing reasons, the judgment of the trial court is AFFIRMED with respect to the dismissal of civil docket numbers 95-14940-C and 95-13040-D, and is REVERSED with respect to the dismissal of civil docket number 94-13866-E. The February 22, 1995 judgment with respect to civil docket number 94-13866-E is REINSTATED. Costs of this appeal are assessed equally among the parties.
GUIDRY, J., Dissents in part and assigns reasons.
GUIDRY, Judge, Dissenting in part.
I respectfully disagree with the portion of the decision which concludes that LSA-R.S. 44:31.1 is procedural in nature. The right of access to the public records is a fundamental right guaranteed by La. Const. art. XII, ยง 3. Elliott v. District Attorney of Baton Rouge, 94-1804, p. 3 (La. App. 1st Cir. 9/14/95), 664 So.2d 122, 124, writ denied, 95-2509 (La. 12/15/95), 664 So.2d 440. LSA-R.S. 44:1 et seq. sets forth the means by which a person may obtain access to the public records. LSA-R.S. 44:31.1 restricts an inmate's access to public records to situations when the inmate's request is limited to grounds upon which the inmate may file for post-conviction relief. State ex rel. Leonard v. State, 96-1889 (La. 6/13/97), 695 So.2d 1325.
Prior to the enactment of LSA-R.S. 44:31.1, courts interpreted the Public Records Act as allowing inmates the right of access to public records without limiting the access for a particular purpose. See, e.g., Elliott v. District Attorney of Baton Rouge, 664 So.2d 122. Now, LSA-R.S. 44:31.1 does away with a prisoner's right of access to the public records "who has exhausted his appellate remedies when the request for public records is not limited to grounds upon which the individual could file for post conviction relief under Code of Criminal Procedure Article 930.3." There is nothing in the statute that would allow an inmate, by mail or by representative, to escape the inquiry and denial by the custodian based on the grounds for which he seeks the records. Accordingly, I believe LSA-R.S. 44:31.1 is substantive in nature and must be applied prospectively only. For this reason, I respectfull
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