See here the ruling.
Writing for a five-judge panel, Judge Harmon Drew, Jr. said:
“…the candidate presented evidence through his own testimony that he genuinely believed that he did not owe the late fee based upon his conversations with employees of the Board of Ethics itself. Garriga submitted proof that he filed, albeit untimely, the required financial disclosure statement for 2012, and that he followed the instructions he received from the Board about how to obtain a waiver of the late fee.”
Last week, Third Judicial District (Lincoln, Union Parishes) Division B Judge Tommy Rodgers ruled in Garriga’s favor. The Louisiana Board of Ethics (BOE), who had originally challenged Garriga’s candidacy, appealed to the 2nd Circuit.
The BOE challenge centered around Garriga’s alleged failure to file a financial disclosure statement, and his assertion on the notice of candidacy that he owed no outstanding fines.
Garriga had recently served on the Lincoln Parish Convention & Visitors Bureau Board of Directors, for which he was required to file an annual financial disclosure statement.
Both courts ruled the failure to timely file the disclosure for 2012 was not willful, and was but a mistake. It was brought out in testimony that he had properly filed several other financial disclosures as required.
Garriga’s attorney was Kyle Green.