Editor's Note

The FOI Advocate is a compendium of ideas, edited story excerpts and other materials from a variety of Web sites, as well as original concepts and analysis. When the information comes directly from another source, it will be attributed and a link will be provided whenever possible. The blog relies on the accuracy and integrity of the original sources cited. We will correct errors and inaccuracies when we become aware of them.
Showing posts with label state supreme court. Show all posts
Showing posts with label state supreme court. Show all posts

Saturday, October 24, 2009

Oklahoma Supreme Court Decision Troubles Open Records Advocates

A ruling by the Oklahoma Supreme Court effectively carves out an exception to the state's Open Records Act by forbidding the release of all the state's electronic case information under the state Open Records Act.  The ruling also affirms public access to electronic court records on a case-by-case basis.  

The Court rejected the bulk data request of INAD Data Services LLC for electronic copies of all district court and workers' compensation court case information.  

Controversy started brewing when it came to light that another company, KellPro Inc. has a $1 million contract with the state Supreme Court to get electronic court records from 64 counties ready for a unified system of public access on the Web. 

State Rep. Mike Reynolds (R-Oklahoma City) criticized the Court for contracting with one private company to provide data while simultaneously cutting off access to other companies.  

Get more details here. 

Monday, July 20, 2009

Electronic trial proceedings are public records in Fla.

The Florida Supreme Court rejected a recommendation to protect judicial audio and video recordings, the AP reported.
The state Supreme Court has ordered that electronic recordings of trial proceedings are public records.

The court Thursday unanimously rejected a recommendation from a judicial commission that audio and video recordings be protected unless a judge approves their release. The high court cited the state's open government laws in siding for openness.

The ruling comes after an appeals court rejected a request from The Tampa Tribune for audio recordings in a criminal sentencing. At issue was whether privileged conversations that weren't part of the official court record could be heard on the recordings.

More here.

Wis. S.C. decides newspapers are entitled to state personnel records

The Wisconsin Supreme Court upheld a circuit court decision that provided newspapers access to state personnel records, the State Bar of Wisconsin reported. State agencies had refused to disclose names of state employees to the Milwaukee Journal Sentinel and the Lakeland Times based on a collective bargaining agreement with the Wisconsin State Employees Union. The Supreme Court determined that the Legislature didn't properly amend the Public Records Law to include its agreement with WSEU.
The Wisconsin Supreme Court agreed two newspapers were entitled to access state personnel records after it concluded that the Legislature failed to properly amend the open records laws to prevent such disclosure.

But before the court could even reach these determinations in Milw. Journal Sentinel v. Wisc. Dept. of Admin., 2009 WI 79, it had to find that it was empowered to review the Legislature’s work. A majority of the court concluded that it was, given its mandate to review statutes for compliance with the constitution.

In dissent, Chief Justice Shirley Abrahamson said that the court’s review was unduly interfering in the affairs of an equal branch of government.

More here.