Arizona First Amendment Coalition

Amicus Brief in Metadata case

Thu, 16 Jul 2009 00:00:00 -0700

Click here to read the amicus brief that was filed in the Arizona Supreme Court on behalf of the First Amendment Coalition of Arizona, the Society of Professional Journalists and the Arizona Newspapers Association in Lake v. City of Phoenix. I think the brief turned out well and many thanks to Professor Steve Doig at ASU’s Cronkite School for his invaluable assistance.

Rule 123 Court Records

Fri, 10 Jul 2009 16:16:07 -0700

There are some court records you can already access online, such at the judicial opinion from Lake v. City of Phoenix (2009).

"If people don’t enforce their rights, they lose them."

Thu, 09 Jul 2009 14:53:00 -0700

““If people don’t enforce their rights, they lose them.””

- Dan Barr

Sedona reporter tests Rule 122

Sun, 05 Jul 2009 18:03:00 -0700

Tommy Acosta, editor of the Sedona Times and a freelance writer for Sedona.biz, has been ordered by the Sedona Magistrate Court to show cause why he should not be found in “indirect civil contempt” for allegedly videotaping a court proceeding.

Jennifer S. Paetkau, an assistant city attorney for the City of Sedona, alleges that Mr. Acosta, while attending a driving-with-suspended-license Arraignment proceeding for Melinda Arnold June 17 at the City Council Chamber, with the knowledge of the defendant, videotaped the proceeding without permission from the court, therefore violating Rule 122(f) of the Arizona Rules of the Supreme Court.

Read more: http://www.sedona.biz/sedona-reporter-accused0109.htm

Tour de FOI coming to Bullhead City

Thu, 05 Feb 2009 00:00:00 -0700

Local government officials, journalists and active citizens will debate the freedom of information, the public’s right to monitor their government through access to public records and open meetings, at a public forum in Bullhead City.

The public is invited to the forum, 10 a.m. to 11:30 a.m. Saturday, Feb. 21, at the Bullhead City Elementary School District headquarters board room, 1004 Hancock Road, Bullhead City.

The event is sponsored by the First Amendment Coalition of Arizona Inc., a consortium of the state’s news media, and supported by a grant from the National Freedom of Information Coalition. Admission is free and refreshments will be served.
The right of access is often pitted against interests such as privacy, confidentiality and the best interests of the state, which under Arizona law provide exceptions to that access, said Mark Scarp, immediate past president of the coalition.

“All too often, members of the general public aren’t as aware as they should be that they have the same right as the news media to request, inspect and copy public records and attend public meetings,” said Scarp, who will be the forum’s moderator.

“Just as often, many people working in government are either unaware of or officially act contrary to the fact that public records belong to the public. Arizona’s Public Records Law generally guarantees that right of inspection to ‘any person’,” Scarp said.

The panel discussion, which will conclude with questions from the audience, is expected to include: Neil Young, reporter, Mohave Valley Daily News; Steve Johnson, public information officer for the city of Bullhead City; Darryl Purcell, public information officer, Mohave County; Charlie Cassens, public information officer, city of Lake Havasu City; Lance Ross, public information officer, Valley View Medical Center; Paul Lavoie, news radio journalist; and Dan Barr of the Phoenix law firm of Perkins Coie Brown & Bain, P.A., media law attorney for the coalition.

The coalition is made up of representatives from the statewide newspaper, broadcasters and cable telecommunications associations, the Arizona Press Club and the Valley of the Sun chapter of the Society of Professional Journalists.

For more information, please contact Scarp at phoenixspj@cox.net.

Ariz. appeals court rules 'metadata' aren't public records

Tue, 20 Jan 2009 00:00:00 -0700

A divided Arizona appellate court has ruled that hidden electronic data that indicate how and when documents are produced with word-processing computer programs aren’t themselves public records. Read more: http://www.firstamendmentcenter.org/press/information/news.aspx?id=21130

Final Report on Rule 123

Tue, 30 Dec 2008 00:00:00 -0700

Rule 123, Rules of the Supreme Court of Arizona, governs public access to records maintained by the judiciary. The foundation of the Rule is that court records should be open to everyone. But exactly what information should be available to the public online for individual cases? Should certain users be authorized to directly access case management databases in real time, such as government agencies, government contractors, commercial agencies subject to the Fair Credit Reporting Act, the news media, or research organizations? If so, what standards and processes are needed to qualify for such access? The Advisory Committee on Supreme Court Rule 123 and Data Dissemination examines these and other issues in their final report: http://supreme.state.az.us/Rule123/Rule%20123%20%20DDA%20Committee%20Report%20v4.pdf.