Supreme Court of Louisiana, 1977

In re Doe

In re Doe
Supreme Court of Louisiana · Decided March 23, 1977 · Dennis, Marcus, Tate
343 So. 2d 1387; 1977 La. LEXIS 5590 (Southern Reporter, Second Series)

In re Doe

Opinion of the Court

In re: John Doe applying for supervisory review from certain rulings of the Committee on Professional Responsibility & Stay Order

*1388Application denied for the reason that the Committee has the power & duty to decide the admissibility of any tapes to be used in the hearing. This court would authorize contempt proceedings in aid of its jurisdiction. If the Committee possesses or determines that there are “originals” of the tapes involved, the Committee must comply with the previous order of this court in # 58,565.

Concurring Opinion

MARCUS and DENNIS, JJ.,

are of the opinion that the writ should be granted and the proceedings stayed until it be determined that complainants have produced the original tapes and recorder in compliance with the subpoena duces tecum issued by the Committee and ordered by this court.

Dissenting Opinion

TATE, J.,

concurs in the denial: An inadequate showing has been made for the exercise of our supervisory jurisdiction at this time. The tapes may not be introduced at the hearing without a foundation proving that they are the original and not a (possibly altered) reproduction of them. In my opinion, the respondent should not be required to present his defense until as authenticated original is presented.

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