Ricky Babin, the district attorney for Louisiana’s 23rd Judicial District, has been chosen to review a claim by The Times that the Terrebonne Parish Consolidated Government’s refusal to make public certain legal bills violates the state’s public records laws.

(READ TERREBONNE’S RESPONSE IN FULL – CLICK HERE)

The newspaper wants to see bills from Parish Attorney Julius Hebert connected to reviews of coastal zone permits of oil and gas exploration companies. The parish has not, so far as anyone knows, filed any claims for coastal damage; Parish President Gordon Dove has stated on numerous occasions, that he opposes bringing legal action against oil companies, as other coastal parishes are doing. The Parish Council has claims against oil and gas companies and has not sued them for coastal damage.

The newspaper had first made a complaint to Terrebonne’s District Attorney, Joe Waitz Jr. but his office passed it on to Babin because of a potential conflict of interest. Waitz is currently overseeing investigation of possible claims against oil companies on behalf of the Louisiana Department of Natural Resources, thus, creating the conflict potential.

Under Louisiana law a complaint of public records law violation may be investigated by a district attorney or the Attorney General. Complainants may also sue immediately in state district court for a Writ of Mandamus.

The parish’s current position includes its belief that releasing information from attorney bills would reveal strategies it is using in connection with coastal claims. At this time, according to what information The Times has been able to verify, there are no actual claims before any agency or court from Terrebonne Parish against oil companies. Other parishes have filed lawsuits or are investigating their claim potential. But Terrebonne was specifically named by the Secretary of DNR as the only parish not to do so. A letter from Hebert to oil company attorneys included an invitation for them to discuss the topic with himself and Parish President Gordon Dove.

The parish has cited court cases which they state are supportive of their belief that they don’t have to turn over the bills. The Times request is solely related to billable hours of attorneys working for the parish in connection with coastal claims, and the amount paid for that by taxpayer money.

Part of Babin’s job in deciding where to go with the Times complaint may involve sorting through some of those contentions.

The parish specifically states that the bills are exempt from disclosure because of a provision in the law concerning “pending legal claims in the files of any attorney representing (a municipality) … claims for losses incurred but not reported.”

The request for the bills, Hebert has maintained, would also be a breach of “attorney-client privilege.”

While some of the claims made by Hebert could be open to some interpretation, some lawyers have told the newspaper, other aspects of Louisiana public records law must also come into consideration. The right to view records is protected by the Louisiana Constitution, and the state’s courts have consistently ruled that when doubt exists as to whether a record is public, the law must find in favor of disclosure.

Complicating the parish’s refusal are the consistent statements of officials that they will not file a lawsuit against oil companies.

In his letter to oil company attorneys, however, Hebert stated that the parish is reserving its rights to make certain claims.

Gordon Dove