The Cartesian Company, Inc. and Greg Gachassin v. The Louisiana Board of Ethics ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
THE CARTESIAN COMPANY, INC. NO. 2020 CW 0103
AND GREG GACHASSIN
VERSUS
THE DIVISION OF
ADMINISTRATIVE LAW ETHICS
ADJUDICATORY BOARD PANEL A
AND THE LOUISIANA BOARD OF
ETHICS JULY 6, 2020
In Re: The Louisiana Board of Ethics, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 669617.
BEFORE: MCDONALD, McCLENDON, PENZATO, LAMER, AND BURRIS.' JJ.
WRIT GRANTED. We find that the trial court erred in
denying the Louisiana Board of Ethics' s motion to quash the
second La. Code Civ. P. art. 1442 notice of deposition and
reverse the trial court' s October 28, 2019 This matter
ruling.
does not involve First Amendment freedoms, and therefore the
plaintiffs', Greg Gachassin and The Cartesian Company, Inc.' s,
vagueness challenge to La. R. S. 42: 1113( B) must be examined in
light of the facts of the case at hand and as applied to them.
State v. Boyd, 97- 0579 ( La. 4/ 14/ 98), 710 So. 2d 1074, 1076.
They may not speculate about hypothetical conduct that could
also be prosecuted under the same statute. State v. Hair, 2000-
2694 ( La. 5/ 15/ 01), 784 So. 2d 1269, 1273. Accordingly, the
plaintiffs failed to show the requested information is
discoverable herein. La. Code Civ. P. art. 1422. The motion to
quash
filed by the defendant, the Louisiana Board of Ethics, is
granted, and the notice of corporate deposition directed to the
Louisiana Board of Ethics is quashed.
JMM
AHP
WIL
WJB
McClendon, J., concurs.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY C E K OF COURT
FOR THE COURT
Judge William J. Burris, retired,
serving pro tempore by special appointment
of the Louisiana Supreme Court.