Monday, August 10, 2020

Judge imposes fine on DA for not disclosing documents in case involving use of fake subpoenas

Long time readers of this blog might remember that earlier this year I reported about a series of complaints filed against the Orleans Parish DA's office arguing that the DA's office had been using fake subpoenas (with false threats of fines and imprisonment) to coerce cooperation from witnesses and victims of crimes.  One lawsuit was filed by the MacArthur Justice Center, another one was filed by the ACLU and yet another lawsuit targeted the DA's office and the DA directly for violating the law and citizens' rights. (That one is still pending because the defendants were denied immunity by the Fifth Circuit Court of Appeals, making it far more likely someone will be held personally responsible).  See here.

I am writing about this today because the MacArthur Center lawsuit is back in the news.  TechDirt is reporting that the judge in the case has issued a $51,000 judgment against District Attorney Leon Cannizzaro for his office’s failure to turn over bogus subpoenas under a public-records request filed two years before the practice was exposed.

The judge's ruling stated that Cannizzaro acted “arbitrarily and capriciously” when he failed to disclose the documents requested by an attorney for a nonprofit law firm who was probing the practice in 2015.

According to the MacArthur Center, the $50,000 penalty may end up being applied against Cannizzaro personally rather than to his office.

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