A statement released by an LSU attorney this afternoon says the university is pleased with rulings handed down today by a 1st Circuit Court of Appeal panel. The rulings partially overturn a state judge’s 2013 ruling that ordered the LSU Board of Supervisors to publicly release the names of finalists and semifinalists in its presidential search that culminated in the appointment of F. King Alexander.
In a pair of rulings issued today, the 1st Circuit panel orders the LSU board to make public the names of three finalists—one of whom was Alexander—as well as a fourth candidate who withdrew from consideration. Judge Janice Clark had ordered the board in her 2013 ruling to publicly release the names and résumés of all 35 candidates. The rulings by Clark and the 1st Circuit panel stem from separate lawsuits filed against the LSU board by The Advocate, The Times-Picayune and The Daily Reveille, which were collectively taken up by the 1st Circuit panel.
Today’s ruling by the 1st Circuit panel also reverses Clark’s order to hold the LSU board and its then-chairman, Hank Danos, in contempt of court for not turning over the records. She had ordered LSU to pay a $500 fine for each day the candidates names were withheld.
“The First Circuit’s opinion properly focused on the meaning of [the] term ‘applicant’ in the relevant statute, the court rejecting both the broad definition advanced by the newspapers and LSU’s more narrow interpretation,” says LSU Lead Legal Counsel Shelby McKenzie in the statement. “While LSU continues to believe that it followed a proper and the most effective process for selection of its president, LSU appreciates the responsibility and the authority of the judiciary for statutory interpretation. At this point, LSU has not decided whether to seek further review by the Louisiana Supreme Court.”
Lori Mince, attorney for The Advocate and The Times-Picayune, says today’s ruling is also a partial victory for her clients.
“We are glad the court agreed with us in principle—that LSU cannot hire its top administrators in secret,” she says. “Obviously we are disappointed that the court pulled back a little bit from Judge Clark’s original ruling.”
Mince says she has not yet met with her clients to discuss the ruling and does not know whether they will appeal to the Louisiana Supreme Court. Faircloth says he also isn’t sure what the next steps will be.
“I haven’t had a chance to visit yet with my client, but I hope to very soon and I will be looking forward to their official statement,” he says.
An LSU spokesman was not immediately available for comment. You can take a look at today’s 1st Circuit rulings here and here. —Steve Sanoski and Stephanie Riegel
