Louisiana
One facet of Louisiana’s public records law is never enforced • Alabama Reflector
Officials in Louisiana will soon be free to disregard state public records law at no risk if Gov. Jeff Landry signs into law a bill that currently sits on his desk. One expert says it will change nothing because courts have never enforced that part of the law anyway.
House Bill 768, sponsored by Rep. Les Farnum, R-Sulphur, repeals a statute within the public records law that makes the records custodian of a government agency personally liable for unreasonably withholding records or failing to respond to a public records request.
Under current law, courts can consider custodian liability when a requester sues the government agency that withheld the records. The custodian can be forced to pay a fine of $100 per day and attorney fees of the person who was denied access to the records.
Farnum’s bill repeals that provision, stating that “no person shall be liable for any penalty … attorney fees and other costs of litigation assessed for failure to comply” with the law. Instead, the government body shall be responsible for such penalties.
Some lawmakers argued public records custodians have little authority in how to respond to requests and merely serve as liaisons between the person making the request and the public official who ultimately decides whether to provide or withhold a record.
During House floor debate on the bill in April, Farnum said it is unfair to hold custodians personally liable because they “are probably very low-paid employees just doing what they’re told to do.”
Current law says differently. Such low-level employees don’t fit the definition of “custodian,” and a government agency can choose whether and whom to designate as an official records custodian. At larger agencies, it is often a division head or staff attorney. Many smaller government offices don’t have a designated custodian. If that is the case, the law defines the custodian as the head of the agency or the official who has actual control over a public record.
Also, current law provides an exception that states a custodian shall not be held personally liable if they deny a records request on the advice of an attorney representing the agency.
Rather than providing a shield for low-paid employees just following orders, Farnum’s bill would likely protect the wallets of officials at the very top who issue those orders to withhold records from the public — shifting the entire financial penalty onto taxpayers.
Some lawmakers during the floor debate pointed out that without personal liability, government officials will have little reason to follow the law when it comes to public records. But according to one public records expert, that is pretty much the situation already in Louisiana.
Scott Sternberg, a First Amendment lawyer who represents members of the Louisiana Press Association in public records disputes, said the legislation is unlikely to make things worse than they already are because courts almost never enforce the custodian liability law.
Sternberg defended The Advocate reporter Andrea Gallo, who then-Attorney General Landry sued in 2021 for filing a public records request with his office. Many critics saw the move as an obvious, if not egregious, violation of the public records law. The judge ruled against Landry but denied the reporter’s claim for penalties under the statute that Farnum’s bill is repealing.
“That’s not [a bill] that I was particularly interested in because it never happens anyway,” Sternberg said in a text message.
Farnum’s legislation sailed through the Capitol with little scrutiny in a session that saw multiple bills that threatened to weaken or repeal state public records law, most spearheaded by the governor.
Sternberg focused more on a measure from Sen. Heather Cloud, R-Turkey Creek, that would have almost entirely negated the public records law, and a proposal by Rep. Michael Melerine, R-Shreveport, that would have exempted the governor from having to follow the public records law. Neither made it through the Legislature.
Also notable was a bill from Rep. Steven Jackson, D-Shreveport, that will allow local governments to hide economic development records from the public for up to two years. That proposal passed the Legislature and is also pending consideration by the governor.
Louisiana lawmakers have gradually chipped away at the state’s public records law, adopting hundreds of changes to revoke public access to a long list of government documents since it was enacted in 1940.
Louisiana
McGlinchey Stafford vote to shut down reshuffles Louisiana legal landscape
The decision by McGlinchey Stafford PLLC leaders this week to shutter their powerhouse law firm after more than 50 years sent shock waves across south Louisiana’s legal community, and even took some of the firm’s attorneys by surprise.
It also began reshaping the local legal landscape. In the days since the announcement, at least two firms have announced that McGlinchey attorneys will be joining them, bringing lucrative practices and longtime clients along.
New Orleans-based Adams and Reese said Thursday it is hiring nearly a third of McGlinchey’s Baton Rouge office — 11 attorneys and two paralegals — from the real estate and corporate transactions group. More announcements are expected to follow, as firms try to snag top McGlinchey talent before the competition does.
Amid the reshuffling, the full picture of what caused McGlinchey’s partners who own the firm, known as equity members, to vote to dissolve is starting to emerge. According to attorneys familiar with the situation and a statement from the firm’s managing partner, Michael Ferachi, McGlinchey had been struggling for a while. It had lost several highly skilled attorneys that had lucrative client lists, announcements from rival firms show, and departures had accelerated in recent months.
Now, dozens of secretaries and back-office staff are scrambling for positions, according to social media posts. Some younger attorneys or attorneys without large books of business are also looking for work.
Loyola University law professor Dane Ciolino said they’ll be doing so in a Louisiana legal market that’s more competitive and less lucrative than it used to be.
“Big cases with high billable hours are fewer and father between than 30 or 40 years ago because we don’t have the big companies that generated that kind of work,” said Ciolino. “As the business community goes, so goes the legal community.”
Big dreams
It’s not unusual for mid-sized law firms like McGlinchey to experience ups and down, lose groups of attorneys and merge or sell to other firms. But according to 10 other attorneys in New Orleans and Baton Rouge who agreed to be interviewed for this is story but declined to give their names, it was surprising that McGlinchey’s owners voted to dissolve.
The New Orleans-based firm was among the most aspirational and aggressive in the city when it was founded in 1974. Back then, the city’s legal community was dominated by a handful of old-line firms populated by socially prominent attorneys.
McGlinchey sought to be different.
Founding partners Graham Stafford and Dermott McGlinchey were young, ambitious and smart, those who knew them remember. They wanted their firm to be taken seriously, setting up offices in One Shell Square, now the Hancock Whitney Center, then the city’s newest and tallest skyscraper.
The firm started out doing mostly insurance defense, which bills at a lower hourly rate and isn’t as prestigious as corporate transactions. But it quickly expanded as attorneys logged long hours and pursued out-of-state clients, which was less common then than today. They also sought to recruit the best and brightest young talent coming out of law school.
By the late 1980s, the firm had bought its own office building on Magazine Street in the newly trendy Warehouse District. In a nod to the New York-style firms it sought to emulate, McGlinchey had its own cafeteria, gym and showers, signaling that its attorneys were expected to live at the office.
Both founding partners died young. Stafford in 1987; McGlinchey, at age 60, in 1993. The firm continued to grow in their absence, but some longtime competitors said it didn’t hum with the same intensity.
String of departures
In a statement released Tuesday, Ferachi, a Baton Rouge-based commercial litigation specialist who became the firm’s managing member in 2021, said that no single factor had led to the vote to dissolve. Rather, troubles had been building.
“This is not because of any specific attorney’s departure, or any individual financial decision or leadership action that led us to this point,” he said. “This is the result of a combination of market factors, such as lagging collections, compounded with various internal factors over several years.”
The statement also said the firm’s leaders made the decision after “assessing several strategic alternatives.”
Ferachi declined to make additional comment or respond to additional questions. His predecessor, Rudy Aguilar, also a Baton Rouge attorney who is leading the group going to Adams and Reese, also did not respond to requests seeking comment.
Prominent departures have been ongoing for at least a decade and began building in recent months.
In 2015, two prominent attorneys in the real estate and commercial transactions division took their practice to Kean Miller, according to an announcement from Kean Miller at the time. In 2020, five partners from McGlinchey’s consumer finance litigation practice went to Hinshaw, a national firm based in Chicago with more than 500 attorneys across the country, a release from Hinshaw shows.
Around the same time, the firm downsized its footprint in the Pan American Life Center in New Orleans, where it had moved in 2008 after vacating the Magazine Street building, according to real estate sources familiar with the move.
According to Law.com, an online trade publication for the legal industry, the firm’s head count declined from 199 in 2016 to 37 in 2021, though it was back up to between 150-160 attorneys the time of the announcement.
In 2024, defense attorney Ally Byrd left McGlinchey for Jones Walker. More recently, in late November 2025, Deirdre McGlinchey, daughter of the late founding partner, moved her successful corporate litigation practice, which represented national clients and included three attorneys, to Jones Walker.
By then, the Baton Rouge McGlinchey office was already in serious talks with Adams and Reese, according to a statement from Adams and Reese.
On Jan. 2, three days before the McGlinchey vote, Hinshaw announced it had hired four attorneys from McGlinchey’s Washington D.C, and Fort Lauderdale, Florida offices, the firm announced. All specialize in defending consumer financial services companies in high stakes lawsuits.
At the same time it was losing some of its top rainmakers, the firm was continuing to sign new leases for offices. In 2023, it moved its Boston office into One Beacon Street, among the city’s most prestigious office towers, with estimated rents of near $50 per square foot.
In May, it moved its Baton Rouge offices from their longtime headquarters in One American Place to the newly renovated II Rivermark Centre down the street.
Late last year, the firm announced it had created four new administrative positions, hiring from within. The move, the firm said at the time, was designed to strengthen and improve back-office functions.
The firm had also “reconfigured its governance structure and compensation system,” Ferachi said in his statement.
‘Dignity and grace’
The effect of McGlinchey’s closure is already reverberating across the markets where it operated.
Adams and Reese Managing Partner Gyf Thornton said bringing on McGlinchey’s real estate practice in Baton Rouge will not only benefit the individual attorneys from both firms but create new opportunities.
“With these kinds of combinations, we have found that we typically get a one plus one equals three,” he said. “We start with their current book of business and together we grow to something bigger than the sum of the two parts.”
Partners may bring their associates and paralegals with them when they move, though they don’t typically bring back-office staff.
In a LinkedIn post, McGlinchey’s Chief Business Development Officer Heather Morse posted on behalf of her colleagues, saying “There are people, the #McGlinchey Family, who need to find their next beginning. Many of us are blessed with wide networks, but others are not.”
She tagged 20 colleagues from the firm’s administrative staff, noting she also was “open to new opportunities.”
There’s no word on how long the wind down will take, but Ferachi said the firm “was committed to comporting ourselves with dignity and grace during this process.”
Ciolino said it’s hard to say what exactly the departure of McGlinchey will mean for the market, noting it “does seem odd the way it all went down.”
Louisiana
DOJ ends another desegregation consent decree in Louisiana
Donald Trump is leading the most openly pro-segregation administration in recent American history, and it advanced that agenda this week when it killed yet another school desegregation agreement with a Louisiana parish.
The Associated Press reported Thursday that the Trump administration got a George W. Bush-appointed judge to lift another decades-old anti-segregation consent decree in the Bayou State.
Per the AP:
A federal judge on Monday approved a joint motion from Louisiana and the U.S. Justice Department to dismiss a 1967 lawsuit in DeSoto Parish schools, a district of about 5,000 students in the state’s northwest. It’s the second such dismissal since the Justice Department began working to overturn desegregation cases it once championed. Louisiana Attorney General Liz Murrill thanked President Donald Trump and Attorney General Pam Bondi on Wednesday for ‘helping us to finally end some of these cases.’
The AP quoted Murrill saying, “DeSoto Parish has its school system back,” and that “for the last 10 years, there have been no disputes among the parties, yet the consent decree remained.”
Of course, the absence of disputes under a consent decree is not exactly proof that the consent decree is no longer needed. To borrow an analogy from the late Justice Ruth Bader Ginsburg in her dissent from Shelby County, to throw out a consent decree because there’s been no resegregation or discrimination “is like throwing away your umbrella in a rainstorm because you are not getting wet.”
This follows the administration in February removing language that banned federal contractors from operating segregated facilities, and its decision last spring to quash a different consent decree with Louisiana’s Plaquemines Parish.
Louisiana
Louisiana task force confronts future of Greek life, pushes new hazing safeguards
BATON ROUGE, La (Louisiana First) — The final meeting for the Caleb Wilson Hazing Prevention Task Force took place Thursday.
The committee, organized by the Louisiana Board of Regents, brought together lawmakers, university leaders, student advisors, and hazing prevention stakeholders to make sure no Louisiana family loses another student to hazing.
State representative Vanessa LaFleur, a leading voice on this task force, said, “We don’t want there to ever be another Max [Gruver], or another Caleb in the state of Louisiana.”
Her statement referenced two high-profile hazing deaths that reshaped the conversation around student organizations in the state. Members echoed the sentiment that this isn’t just an isolated issue; it’s a culture issue.
“There are things that shift culture, things that create culture,” said Winton Anderson. “And what we were doing today was not only dealing with the prevention piece as much as dealing with the accountability piece.”
Task force leaders said Thursday’s meeting was about closing gaps in oversight, enforcement, and advisor responsibility for all Louisiana schools.
“Today, what you saw is closing the gap of our attempt to close the gap on what we believe are going to be the next phase of policies to help us ensure that there’s accountability at every level,” said Anderson.
The policy reform is key, but leaders said education is the foundation.
“The key to this is education,” said LaFleur. “And I think we’ve put in the safeguards for that. Safeguards will be there when the legislation drops. We’ve got to show them why hazing does not create sisterhood, why hazing does not create. But what it does is it destroys.”
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