Open Records Act - Request for Records Relating to Criminal Investigation
I assert the denial frequently under the Open Records Act as an objection related to timing: if the defendant cannot demand the records from the prosecutor under the Criminal Discovery Code at a certain stage of the criminal proceedings, how can it be an open record to the public when the request comes directly to the police department? However, after the prosecutor has authorized the release of the records, then the Open Records Act no longer protects those records.
I also assert the timing objection when I get the request via the command of a (often invalid) subpoena, using the same logic, and relying on the court's power to control the timing of discovery. I would like to see anything you obtain in this quest, Jon.
Orval Jones
City of OKC
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Today's Topics:
- Open Records Act - Request for Records Relating to Pending Criminal Matters
(Jon Miller) - Re: Open Records Act - Request for Records Relating to Pending Criminal Matters
(Lou Ann Moudy)
Message: 1
Date: Wed, 1 Sep 2021 21:02:37 +0000
From: Jon Miller JMiller@cityofmustang.org
Subject: [Oama] Open Records Act - Request for Records Relating to
Pending Criminal Matters
To: "oama@lists.imla.org" oama@lists.imla.org
Message-ID:
6969754cf627490aa02a3ff15bb359a9@Mail10.cityofmustang.org
Content-Type: multipart/alternative; boundary="000_6969754cf627490aa0
2a3ff15bb359a9Mail10cityofmustangorg"
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 If so, have you received any unpublished orders or opinions on whether that objection is valid?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 publishe d 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.
Jess Eddy is not litigating that case. He is claiming the right of the public to know about the bad dealings and working of the PD.
Amanda
From: Jones, Orval E orval.jones@okc.gov
Sent: Thursday, September 2, 2021 10:11:53 AM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Open Records Act - Request for Records Relating to Criminal Investigation
I assert the denial frequently under the Open Records Act as an objection related to timing: if the defendant cannot demand the records from the prosecutor under the Criminal Discovery Code at a certain stage of the criminal proceedings, how can it be an open record to the public when the request comes directly to the police department? However, after the prosecutor has authorized the release of the records, then the Open Records Act no longer protects those records.
I also assert the timing objection when I get the request via the command of a (often invalid) subpoena, using the same logic, and relying on the court's power to control the timing of discovery. I would like to see anything you obtain in this quest, Jon.
Orval Jones
City of OKC
-----Original Message-----
From: oama-request@lists.imla.org oama-request@lists.imla.org
Sent: Thursday, September 2, 2021 2:30 AM
To: oama@lists.imla.org
Subject: Oama Digest, Vol 22, Issue 1
Send Oama mailing list submissions to
oama@lists.imla.org
To subscribe or unsubscribe via email, send a message with subject or body 'help' to
oama-request@lists.imla.org
You can reach the person managing the list at
oama-owner@lists.imla.org
When replying, please edit your Subject line so it is more specific than "Re: Contents of Oama digest..."
Today's Topics:
- Open Records Act - Request for Records Relating to Pending Criminal Matters
(Jon Miller) - Re: Open Records Act - Request for Records Relating to Pending Criminal Matters
(Lou Ann Moudy)
Message: 1
Date: Wed, 1 Sep 2021 21:02:37 +0000
From: Jon Miller JMiller@cityofmustang.org
Subject: [Oama] Open Records Act - Request for Records Relating to
Pending Criminal Matters
To: "oama@lists.imla.org" oama@lists.imla.org
Message-ID:
6969754cf627490aa02a3ff15bb359a9@Mail10.cityofmustang.org
Content-Type: multipart/alternative; boundary="000_6969754cf627490aa0
2a3ff15bb359a9Mail10cityofmustangorg"
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 publishe
d 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.