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Tuesday, September 08, 2015

Ind. Gov't. - More on: Common Cause asks Attorney General to file amicus brief in Indiana House public records case

Updating this ILB post from August 24th, which references an August 14th news release from AG Zoeller that began:

Attorney General urges Court to make police report records public: State files amicus brief in lawsuit between ESPN and Notre Dame Security Police
Kara Kenney of WRTV6 News reported September 4th:
Indiana Attorney General Greg Zoeller has declined to issue an opinion in a battle over access to legislative emails, saying it would require his office to take a legal position in opposition to their own client: state government. * * *

Zoeller issued a response to Common Cause on Sept. 2.

"The fact that the Legislature reserves, pursuant to statute, the right to hire its own outside counsel -- and has done so in this specific case -- does not relieve our office of the obligation to not act adverse to our law client's legal interest, since we continue to represent the Legislature in other unrelated legal matters," read Zoeller's letter.

Julia Vaughn, Policy Director for Common Cause Indiana, expressed frustration Friday about Zoeller's decision not to issue a brief on the legislative email issue.

"We're disappointed the AG is using the separation of powers principle to avoid taking a firm stand against legislative secrecy," Vaughn said. "He is assuming that the Access to Public Records Act's application to the General Assembly violates that doctrine, which isn't warranted in this case.

Posted by Marcia Oddi on September 8, 2015 11:01 AM
Posted to GA and APRA | Indiana Government