Judges: RICHARD P. IEYOUB
Filed Date: 9/7/2000
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Friedman:
This office is in receipt of your request for an opinion of the Attorney General's office relative to the preservation and retention of court records for Traffic Court of the City of New Orleans. The preservation and retention of court public records for state and municipal misdemeanor traffic violations is governed by LSA-R.S.
Section 36. Preservation of records
A. All persons and public bodies having custody or control of any public record, other than conveyance, probate, mortgage, or other permanent records required by existing law to be kept for all time, shall exercise diligence and care in preserving the public record for the period or periods of time specified for such public records in formal records retention schedules developed and approved by the state archivist and director of the division of archives, records management, and history of the Department of State. However, in all instances in which a formal retention schedule has not been executed, such public records shall be preserved and maintained for a period of at least three years from the date on which the public record was made. However, where copies of an original alone exist, the original alone shall be kept; when only duplicate copies of a record exist, only one copy of the duplicate copies shall be required to be kept. (Emphasis added)
The aforementioned quoted provision mandates that public records shall be kept for at least three years from the date on which the public record was made, unless a formal retention schedule has been executed.
In this matter, a formal retention schedule has been executed by Ordinance No. 17,271 of the City of New Orleans, which provides:
The . . . traffic court shall keep a record of all violations of traffic ordinances of the city or state vehicle laws of which any person has been charged together with a record of the final disposition of all such alleged offenses. The records shall accumulate during at least a five-year period and from that time on the records shall be maintained complete for at least the most recent five-year period. (Emphasis added).
LSA-R.S.
LSA-R.S.
Therefore, in response to your inquiry, it is our opinion that the formal retention schedule adopted in Ordinance No. 17,271 requires all traffic violations to be preserved for five years and microfilmed permanently in accordance with LSA-R.S.
Very truly yours,
RICHARD P. IEYOUB Attorney General
By: __________________________ RICHARD WILLIAMS Assistant Attorney General
RPI/JRW/MW/crt