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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 34 FROM CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 14th day of April, 2004, are as follows: BY KNOLL, J.: 2003-C -2220 MARY MOE, L.L.C., NANCY NOE, L.L.C., PETER POE, L.L.C, AND RICHARD ROE, L.L.C, LOUISIANA LIMITED LIABILITY COMPANIES PROCEEDING PSEUDONYMOUSLY v. LOUISIANA BOARD OF ETHICS (Parish of Orleans) For the foregoing reasons, the judgments of the lower courts that permanently enjoined the Louisiana Board of Ethics from issuing the subpoenas duces tecum to the Louisiana Leadership, L.L.C., Louisiana Optimism, L.L.C., Louisiana Spirit, L.L.C., and Louisiana Team Work, L.L.C. are reversed, and the plaintiffs are ordered to respond to the subpoenas duces tecum issued on them by the Louisiana Board of Ethics. REVERSED.

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SUPREME COURT OF LOUISIANA NO. 03-C-2220 MARY MOE, L.L.C., NANCY NOE, L.L.C., PETER POE, L.L.C., AND RICHARD ROE, L.L.C., LOUISIANA LIMITED LIABILITY COMPANIES PROCEEDING PSEUDONYMOUSLY VERSUS LOUISIANA BOARD OF ETHICS ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FOURTH CIRCUIT, PARISH OF ORLEANS KNOLL, Justice This civil case addresses the legal question of whether the Louisiana Board of Ethics ("Board") exceeded its expressed authority provided by La. R.S. 18:1511.4(C), the Louisiana Campaign Finance Disclosure Act ("CFDA"), in issuing the subpoenas duces tecum at issue in this writ. The district court found the subpoenas did exceed the Board's authority and permanently enjoined the Board from issuing any subpoena upon the plaintiffs. The court of appeal affirmed the district court's ruling on the subject subpoenas, but modified the permanent injunction to enjoin the Board only from enforcing or reissuing the four subpoenas at issue. We granted this writ to address the validity of the subpoenas duces tecum and the permanent injunctions. Mary Moe, L.L.C. et al. v. Louisiana Board of Ethics, 03-2220 (La. 11/26/03), __ So.2d __. For the following reasons we reverse, finding the lower courts erred in enjoining the Board from issuing and enforcing the relevant subpoenas duces tecum. FACTS AND PROCEDURAL HISTORY The instant suit for declaratory judgment and injunction proceedings arises out of a confidential investigation initiated by the Board into the activities of the New Alliance Business Political Action Committee ("New Alliance") and its four contributors comprised of Louisiana Leadership, L.L.C., Louisiana Optimism, L.L.C.,

Louisiana Spirit, L.L.C., and Louisiana Team Work, L.L.C. ("LLCs")1 in relation to the February 2, 2002 New Orleans Mayoral Election Campaign. The investigation was commenced by a unanimous vote of the Board based upon a number of facts, which aroused the Board's suspicion, particularly:

Download AND RICHARD ROE, L.L.C, LOUISIANA LIMITED LIABILITY COMPANIES PROCEEDING PSEUDON

Louisiana Law