FAQ - Other Privileges
There are a few other privileges in Louisiana that permit a person to refuse to testify or to prohibit the testimony of another person under certain circumstances:
A clergyman has a privilege against disclosing communications made to him in his “professional capacity as a spiritual advisor.”
A person has a right to prohibit the disclosure of his vote provided it was conducted by secret ballot unless that vote was cast illegally.
Trade secrets.
The State, in criminal cases, also has a privilege in cases involving confidential informants. Louisiana Code of Evidence Article 514 allows the government to refuse to disclose the identity of a person who furnished information to assist in the investigation of a crime. As always, there are exceptions:
The informer’s identity must be disclosed if he appears as a witness and testifies.
His identity must be disclosed if his identity has previously been disclosed.
HIs identity must be disclosed if the party seeking the disclosure “clearly demonstrates” that the interest of the government in concealing his identity is substantially outweighed by exceptional circumstances such that his testimony is essential to the defense or to a fair determination of guilt or innocence.
HIs identity must be disclosed if the prosecution objects to it remaining secret.
In a criminal case, if the Court orders the identity must be disclosed and the State objects, the Court shall suppress the informer’s evidence or declare a mistrial.
Next week, the Accountant-Client Privilege.
If your case involves a confidential informant and you are curious whether an exception applies, give us a call at (318) 459-9111 to setup a consult.