open records
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Moffat County School District may withhold portions of ‘organizational health’ report, appeals court says
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Colorado’s second-highest court agreed last month that Moffat County School District was entitled to withhold certain portions of an “organizational health” report commissioned by its school board to investigate areas of concern. The Moffat County Education Association petitioned under the state’s open records law for access to undisclosed portions of an investigator’s report, prepared alongside…
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Appeals court clarifies no relief available for delay in providing judicial records
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Colorado’s second-highest court clarified on Thursday that relief is only available when the judiciary denies access to certain public records, with no consequence if the records are simply delayed. Although the Colorado Open Records Act is the state’s primary disclosure law, administrative records from the judicial branch are disclosed pursuant to a policy known as…
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Colorado justices rule plaintiffs can use open records law for evidence when suing government
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The Colorado Supreme Court decided on Monday that nothing in the state’s open records law prevents a person from seeking documents from public entities at the same time they are suing the government in court. Although the justices agreed that a plaintiff properly used the Colorado Open Records Act (CORA) to seek a tape recording…
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Colorado justices weigh broad definition of ‘criminal justice agency’ in open records lawsuit
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Although members of the Colorado Supreme Court appeared wary on Tuesday of finding a large swath of the government can be deemed a “criminal justice agency,” they also recognized lawmakers used broad language to seemingly sweep public entities into that category. The case at hand questions whether the Peace Officer Standards and Training (POST) Board, as…
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Colorado justices cautious of letting litigants make open records requests while suing governments
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Members of the Colorado Supreme Court grappled on Tuesday with two competing principles: honoring public access to government records, on the one hand, while preventing litigants from deluging public bodies with open records requests at the same time they are suing them. Previously, the state’s second-highest court ruled that plaintiffs are not forbidden from using…
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Appeals court reinstates man’s lawsuit challenging $600 open records fee
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Colorado’s second-highest court on Thursday directed a trial judge to evaluate whether the state’s health department responded reasonably by imposing a $600 fee on a man’s request for records about the administration of ketamine by paramedics. At the same time, a three-judge panel for the Court of Appeals took umbrage at the inflammatory language Frank…
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Colorado Supreme Court takes up cases on severity of vehicular homicide, disclosure of child abuse reports
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The Colorado Supreme Court announced on Monday it will hear cases addressing the severity of sentences for vehicular homicide caused by intoxication and the level of information about child abuse reports that can be disclosed in open records requests. At least three of the seven justices must agree to take up an appeal. ‘Grave and…
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Colorado Supreme Court to hear cases on open records, illegal sentencing, insurance dispute
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The Colorado Supreme Court announced on Monday it will hear appeals in multiple cases, including the question of whether the public may access information about law enforcement officers who have been decertified for misconduct. At least three of the court’s seven members must agree to review an appeal. Among the cases granted, the justices took…
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Appeals court rules in favor of limited disclosure for child abuse reports
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Colorado’s second-highest court last week ruled that the state must disclose general details about child abuse reports at group living facilities in response to an open records request, provided no identifying information is included. By 2-1, a panel of the Court of Appeals concluded the law generally shielding child abuse and neglect reports from disclosure…
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10th Circuit rebuffs environmental group’s lawsuit over government records
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The federal appeals court based in Denver has rejected the arguments from a wildlife and habitat conservation group that the U.S. Forest Service failed to conduct a legally-adequate search for records – despite disclosing 140,637 pages of documents related to a controversial roadway project. Rocky Mountain Wild filed an open records request with the Forest Service…
