Tag: open records
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Federal judge finds DOJ adequately searched for, disclosed records related to Bidens
A federal judge determined on Friday that the U.S. Department of Justice adequately searched for and disclosed records to a Colorado attorney in response to his request for documents related to former President Joe Biden’s son and brother. In November 2020, Kevin D. Evans and his Greenwood Village law firm submitted a Freedom of Information…
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Colorado justices side with news organizations for disclosure of high-level child abuse data
The Colorado Supreme Court ruled on Monday that the state must disclose the number of child abuse reports at individual group living facilities in response to an open records request, as the addresses are already in the public domain. The justices agreed that the Court of Appeals erred in resolving the case. But beyond that,…
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Colorado open records bill dies in Senate committee
Efforts to overhaul Colorado’s open records law stalled anew. A proposal that would have extended response times for public records requests and added accountability measures for late responses failed to advance out of its first committee and will not move forward this year. The Senate State, Veterans and Military Affairs Committee rejected Senate Bill 107,…
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Appeals court clarifies no relief available for delay in providing judicial records
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
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
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
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
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
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
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…