What Can We Do If Our County Withholds Public Records?

Question from Jay, What Can We Do If Our County Withholds Public Records?

Answer from AI:

What the Law Says

In the United States, the right to inspect most government records is protected by public‑records statutes. At the federal level the Freedom of Information Act (FOIA) applies to federal agencies, while each state has its own version—often called a “Sunshine Law,” “Open Records Act,” or “Freedom of Information Act.” These statutes generally require that a public body make records available upon a timely, reasonable request, unless a specific exemption applies (e.g., ongoing investigations, personal privacy, trade secrets).

Immediate Steps You Can Take

1. Confirm the Legal Basis for the Withholding

   • Review the exact language of your state’s public‑records law. Most states list the categories of records that are exempt and the procedural requirements for a denial.
   • Identify whether the Commission cited a statutory exemption or simply refused without explanation.

2. Submit a Formal Written Request

   • Use a clear, concise request that identifies the records you want (date range, subject, format).
   • Keep a copy of the request and any acknowledgment you receive; this creates a paper trail.

3. Request a Written Explanation of the Denial

   • If the Commission refuses, they must usually provide a written justification referencing the specific exemption. This is essential for any later appeal.

Administrative and Judicial Remedies

Practical Tips for Pursuing a Lawsuit

• Preserve Evidence – Save all correspondence, the original request, and the denial letter.
• Identify the Correct Defendant – Usually the county clerk or the specific department that controls the records, not the entire commission.
• Consider Class‑Action or Group Claims – If the withholding affects many citizens, a collective action may be more efficient.
• Seek Pro Bono Assistance – Many legal‑aid organizations and press‑freedom groups (e.g., the Reporters Committee for Freedom of the Press) offer help in public‑records cases.

When to Consult an Attorney

Because the success of an appeal or lawsuit often hinges on the precise wording of the state statute, the nature of the exemption claimed, and procedural nuances, consulting a lawyer experienced in open‑government law is advisable. An attorney can:

• Draft a legally robust request and appeal.
• Evaluate whether the exemption cited is valid under case law (e.g., City of Champaign v. City Clerk, 2019 Ill. App. Ct.).
• Represent you in administrative hearings or court proceedings.

Helpful Resources

• National Freedom of Information Coalition – Provides a state‑by‑state guide to public‑records laws: Freedom of Information State Guides.
• U.S. Department of Justice FOIA page – Offers background on federal FOIA and links to state resources: FOIA – Freedom of Information Act.

By following the procedural steps, using the administrative appeal mechanisms available in your state, and, if necessary, pursuing judicial relief, citizens can enforce their right to access public records. While the process can be time‑consuming, the statutes are designed to promote transparency, and the courts have repeatedly upheld the public’s right to inspect government documents.