Access to Public Records for Prosecutors AG/IPAC/AIPA Winter Conference December 8, 2014 J T. Parker, IPAC

First Step Acknowledge the request 24 hours if in-person or on phone 7 days if by mail or fax Ind. Code § (a) Best Practices Always in writing Complete the Action w/in 24 hours or 7 days, even though it only need be completed within a reasonable time

First Question 1. What is the purpose of the request? X X X X X

First Question 0. What is the purpose of the request?  “No request may be denied because the person making the request refuses to state the purpose of the request....” I.C.§ (a)  “A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master.” I.C. §  “Providing persons with... information [regarding the affairs of government] is an essential function of a representative government and an integral part of the routine duties of public officials and employees.” Id. X

First Question 1.Is this a proper APRA request?  If no, then write a letter to the “requester” to that effect.  “A request for inspection or copying must... Identify with reasonable particularity the record being requested.” I.C.§ (a)  If yes...

Second Question 2. Do you have the records?  If no, then write a letter.  If yes...

Third Question 3a. Is there a mandatory exception that prevents disclosure like the one at I.C. § (a)(1) for “records... declared confidential by statute?”  If yes... 3b. Does it apply to the entire record; is the entire record confidential?  If yes, then write a letter.  If no... 3c. Is there a mandatory exception that prevents disclosure of a part of the record like the one found at I.C. § (a)(12) for Social Security Numbers? If yes OR no...

Fourth Question 4. Do I wish to release the record?  If yes, then release it, but redact any portion (e.g., SSNs) that may not be released pursuant to I.C. § (a).  If no...

Fifth Question 5. Is there a discretionary exception found under I.C. § (b) applicable to this record?  If yes, then withhold the record and write a letter to the requester explaining your position.  If no, then the record should be released, but call IPAC first.

Prosecutor 4(b) Discretionary Exceptions I.C. § (b)(1): “Investigatory records of law enforcement agencies.” I.C. § (b)(2): “The work product of an attorney representing... the state.” I.C. § (b)(6): “deliberative material.”

Records Retention I.C Case Files Other Office Records

Questions ?