Empathy List Archives

JM

Jon Miller

Wed, Sep 1, 2021 9:02 PM

Counselors:

Has anyone asserted an objection to an Open Record Act request based on the argument that it is an improper attempt to circumvent the criminal discovery process? If so, have you received any unpublished orders or opinions on whether that objection is valid? A defense attorney is citing Ward v. City of Claremore, 2014 OK CIV APP 1, as support for the argument that he can obtain records through an Open Record Act request regarding a pending criminal matter, but in that case there was no objection to the procedure used to obtain the records and the opinion addressed whether a video constituted a "record" under the Open Record Act. I am familiar with the authority supporting an objection to certain portions of the police records constitute protected work product. I am also familiar with the case holding that a criminal defendant cannot issue third party subpoenas in a criminal case but must instead follow the criminal discovery procedures to obtain discovery. I can find no published or unpublished authority discussing whether utilizing an Open Record Act request to obtain discovery in a criminal case violates the criminal discovery process. I would like to obtain any authority that I can find on this issue.

Thanks,

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

Counselors: Has anyone asserted an objection to an Open Record Act request based on the argument that it is an improper attempt to circumvent the criminal discovery process? If so, have you received any unpublished orders or opinions on whether that objection is valid? A defense attorney is citing Ward v. City of Claremore, 2014 OK CIV APP 1, as support for the argument that he can obtain records through an Open Record Act request regarding a pending criminal matter, but in that case there was no objection to the procedure used to obtain the records and the opinion addressed whether a video constituted a "record" under the Open Record Act. I am familiar with the authority supporting an objection to certain portions of the police records constitute protected work product. I am also familiar with the case holding that a criminal defendant cannot issue third party subpoenas in a criminal case but must instead follow the criminal discovery procedures to obtain discovery. I can find no published or unpublished authority discussing whether utilizing an Open Record Act request to obtain discovery in a criminal case violates the criminal discovery process. I would like to obtain any authority that I can find on this issue. Thanks, Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

LA

Lou Ann Moudy

Wed, Sep 1, 2021 9:16 PM

We have one pending right now where the investigation has been sent to the DA, so we are referring it to that office for objection/response. Victim and perp are both minors. The problem we have is that under an Open Records Act response, there is so much confidential information that has to be redacted, it is almost impossible to disclose anything in this case. But just as a general rule, it is ridiculous to have to try to respond to all these requests under ORA, it needs to be done under the criminal discovery.

Lou Ann Moudy
P.O. Box 266, Henryetta, OK 74437
(918) 652-3328

This electronic mail transmission, including any accompanying documents or attachments, may contain confidential information intended solely for use or information for the receipent named above and is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the reliance upon any of the contents of this transmission is strictly prohibited. If you have received this transmission in error, please contact us immediately via telephone or reply transmission and then destroy this transmission and its accompanying documents or attachments.

From: Jon Miller [mailto:JMiller@cityofmustang.org]
Sent: Wednesday, September 01, 2021 4:03 PM
To: oama@lists.imla.org
Subject: [Oama] Open Records Act - Request for Records Relating to Pending Criminal Matters

Counselors:

Has anyone asserted an objection to an Open Record Act request based on the argument that it is an improper attempt to circumvent the criminal discovery process? If so, have you received any unpublished orders or opinions on whether that objection is valid? A defense attorney is citing Ward v. City of Claremore, 2014 OK CIV APP 1, as support for the argument that he can obtain records through an Open Record Act request regarding a pending criminal matter, but in that case there was no objection to the procedure used to obtain the records and the opinion addressed whether a video constituted a "record" under the Open Record Act. I am familiar with the authority supporting an objection to certain portions of the police records constitute protected work product. I am also familiar with the case holding that a criminal defendant cannot issue third party subpoenas in a criminal case but must instead follow the criminal discovery procedures to obtain discovery. I can find no published or unpublished authority discussing whether utilizing an Open Record Act request to obtain discovery in a criminal case violates the criminal discovery process. I would like to obtain any authority that I can find on this issue.

Thanks,

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

We have one pending right now where the investigation has been sent to the DA, so we are referring it to that office for objection/response. Victim and perp are both minors. The problem we have is that under an Open Records Act response, there is so much confidential information that has to be redacted, it is almost impossible to disclose anything in this case. But just as a general rule, it is ridiculous to have to try to respond to all these requests under ORA, it needs to be done under the criminal discovery. Lou Ann Moudy P.O. Box 266, Henryetta, OK 74437 (918) 652-3328 This electronic mail transmission, including any accompanying documents or attachments, may contain confidential information intended solely for use or information for the receipent named above and is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the reliance upon any of the contents of this transmission is strictly prohibited. If you have received this transmission in error, please contact us immediately via telephone or reply transmission and then destroy this transmission and its accompanying documents or attachments. From: Jon Miller [mailto:JMiller@cityofmustang.org] Sent: Wednesday, September 01, 2021 4:03 PM To: oama@lists.imla.org Subject: [Oama] Open Records Act - Request for Records Relating to Pending Criminal Matters Counselors: Has anyone asserted an objection to an Open Record Act request based on the argument that it is an improper attempt to circumvent the criminal discovery process? If so, have you received any unpublished orders or opinions on whether that objection is valid? A defense attorney is citing Ward v. City of Claremore, 2014 OK CIV APP 1, as support for the argument that he can obtain records through an Open Record Act request regarding a pending criminal matter, but in that case there was no objection to the procedure used to obtain the records and the opinion addressed whether a video constituted a "record" under the Open Record Act. I am familiar with the authority supporting an objection to certain portions of the police records constitute protected work product. I am also familiar with the case holding that a criminal defendant cannot issue third party subpoenas in a criminal case but must instead follow the criminal discovery procedures to obtain discovery. I can find no published or unpublished authority discussing whether utilizing an Open Record Act request to obtain discovery in a criminal case violates the criminal discovery process. I would like to obtain any authority that I can find on this issue. Thanks, Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

TT

Tucker, Thomas L

Thu, Sep 2, 2021 3:19 PM

I object to criminal discovery requests through the ORA citing OCCA Case: City of Norman ex rel. Norman Police Department v. The Honorable Scott Brockman, No. PR-2018-1282

I've attached a sample letter and the case.

Thomas Lee Tucker
Assistant Municipal Counselor
Civil Litigation Division
200 N. Walker Ave, 4th Floor
OKC, OK 73102
405-297-2619

[cid:image001.png@01D79FE4.0A5D5E50]

From: Jon Miller JMiller@cityofmustang.org
Sent: Wednesday, September 1, 2021 4:03 PM
To: oama@lists.imla.org
Subject: [Oama] Open Records Act - Request for Records Relating to Pending Criminal Matters

Counselors:

Has anyone asserted an objection to an Open Record Act request based on the argument that it is an improper attempt to circumvent the criminal discovery process? If so, have you received any unpublished orders or opinions on whether that objection is valid? A defense attorney is citing Ward v. City of Claremore, 2014 OK CIV APP 1, as support for the argument that he can obtain records through an Open Record Act request regarding a pending criminal matter, but in that case there was no objection to the procedure used to obtain the records and the opinion addressed whether a video constituted a "record" under the Open Record Act. I am familiar with the authority supporting an objection to certain portions of the police records constitute protected work product. I am also familiar with the case holding that a criminal defendant cannot issue third party subpoenas in a criminal case but must instead follow the criminal discovery procedures to obtain discovery. I can find no published or unpublished authority discussing whether utilizing an Open Record Act request to obtain discovery in a criminal case violates the criminal discovery process. I would like to obtain any authority that I can find on this issue.

Thanks,

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

I object to criminal discovery requests through the ORA citing OCCA Case: City of Norman ex rel. Norman Police Department v. The Honorable Scott Brockman, No. PR-2018-1282 I've attached a sample letter and the case. Thomas Lee Tucker Assistant Municipal Counselor Civil Litigation Division 200 N. Walker Ave, 4th Floor OKC, OK 73102 405-297-2619 [cid:image001.png@01D79FE4.0A5D5E50] From: Jon Miller <JMiller@cityofmustang.org> Sent: Wednesday, September 1, 2021 4:03 PM To: oama@lists.imla.org Subject: [Oama] Open Records Act - Request for Records Relating to Pending Criminal Matters Counselors: Has anyone asserted an objection to an Open Record Act request based on the argument that it is an improper attempt to circumvent the criminal discovery process? If so, have you received any unpublished orders or opinions on whether that objection is valid? A defense attorney is citing Ward v. City of Claremore, 2014 OK CIV APP 1, as support for the argument that he can obtain records through an Open Record Act request regarding a pending criminal matter, but in that case there was no objection to the procedure used to obtain the records and the opinion addressed whether a video constituted a "record" under the Open Record Act. I am familiar with the authority supporting an objection to certain portions of the police records constitute protected work product. I am also familiar with the case holding that a criminal defendant cannot issue third party subpoenas in a criminal case but must instead follow the criminal discovery procedures to obtain discovery. I can find no published or unpublished authority discussing whether utilizing an Open Record Act request to obtain discovery in a criminal case violates the criminal discovery process. I would like to obtain any authority that I can find on this issue. Thanks, Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.