Upholding their obligations
and duties at the Louisiana DOJ to refer alleged criminal activity for
investigation and prosecution, attorneys today filed a writ of mandamus with
the U.S. Fifth Circuit Court of Appeals requesting the unsealing of information
so that a criminal referral can move forward against a staff member at a
Shreveport abortion provider.
BATON ROUGE, LA - The attempt by June Medical Services (d/b/a Hope Medical Group) to hide
evidence of criminal and professional misconduct discovered in pending
litigation is leading attorneys for the Louisiana Department of Justice to ask
a federal appeals court to intervene and permit reporting to appropriate
authorities. The potential criminal conduct was discovered during the LADOJ's
work defending State laws regulating abortion providers. A companion case
regarding whether Hope Medical Group can adequately represent its patients is
now pending before the U.S. Supreme Court.
"I am deeply concerned about the basic health and
safety of Louisiana women. And Hope's continued efforts to hide this
information from the Supreme Court and to block reporting to proper authorities
casts serious doubt on Hope and its abortion providers' claims that it
represents the interests of Louisiana women. As DOJ officers, if we learn of
potentially criminal activity during litigation, we have a legal obligation to
report it to criminal investigators and licensing authorities," said
Louisiana Solicitor General Liz Murrill. "We also have a basic legal duty
to protect the public from dangerous behavior when we learn of it. Shockingly,
Hope Medical Group is refusing to unseal this evidence and permit us to carry
out our legal duties."
The information that was uncovered would normally lead
the LADOJ to make a criminal referral. However, the presiding federal judge has
sealed a large number of important documents and information regarding the
case. The LADOJ is asking the appeals court to vacate that order.
The district court litigation is captioned June Medical Services, LLC v. Gee, No. 16-444, and is one of three challenges filed by Hope
Medical Group to abortion-related health and safety laws. The companion case in
the Supreme Court is Gee
v. June Medical Services, LLC, No. 18-1460,
in which Louisiana Solicitor General Liz Murrill is defending a State law (RS
40:1061.10) that requires an abortion clinic's medical staff to have admitting
privileges at a nearby hospital consistent with laws involving doctor licensing
and ambulatory surgery center licensing requirements.