Memorandum

To:	Cliff Head
From:	William L. Martin, III
Subject:	Information Request
Date:	January 22, 1998

This is in response to your memorandum of January 20, 1998 regarding the information request on Application A98D0179 . McGee v. The State. It is the policy of the Clerk's Office as directed by the Court's en Banc action that the Applications Clerk does not call on the attorneys or the clerk of the trial court for copies of stamped file orders or information regarding those matters. When Pam refused your request to obtain that information, she was not doing so out of rudeness to you, but merely following the instructions that Gail and I have given her in accordance with the Court's en Banc decision.

Pam was correct to request that you talk to Gail or me about the matter because only Gail or I could authorize Pam to make that request.

Pam was not trying to make the decision for you as to whether or not you needed the information, she was merely following the procedures that are set out for the Applications Clerk. I have no problem if you, Mary Jo and Sheila are able to work this out without going through me, however, problems and/or misunderstandings which arose with you and Pam are the result of not following the procedure and going through Gail or me.

The Court's procedure in these matters, which seems to have been working relatively well for two years, is to send out the ten-day order requesting the stamped file copy of the document needed. If the document is not forthcoming then ordinarily the Court dismisses the application. I would think the proper procedure for the applicant at that point would be to file a motion for reconsideration stating why the applicant could not or did not comply with the Court's order. At that point the Court can decide if the reasons set forth in the motion for reconsideration are worth reinstating the case. This way we have met our requirement to dispose the application within 30 days, but in reconsideration, we can correct any manifest injustice that may result due to the applicant not providing the information ordered by the Court.

If you think that the information you requested is necessary to prepare an order which you feel Judge Smith would find more plausible, please let me know. As I asked Pam to convey to you, I shall be happy to discuss this matter with you and/or Judge Smith. If you think the policy should be changed, I shall be happy to convey this to Judge Johnson and it can be revisited by the Banc. Thank you for your thoughts regarding this issue.

cc:	Gail Arceneaux

Pam Norwood