It is considered wrong for the government to sue a citizen for requesting public records due to several key reasons grounded in principles of transparency, accountability, and democratic governance:
- Right to Access Information: Many jurisdictions, including the United States, have laws that guarantee the public’s right to access government records. These laws, such as the Freedom of Information Act (FOIA) at the federal level and various state-level Arizona public records laws, are designed to promote transparency and allow citizens to obtain information about government activities. All of the Arizona public record statutes are found by googling “Arizona revised statutes” and going to ARS 39-121.
- Transparency and Accountability: The ability to request public records is crucial for ensuring that government actions are transparent and that public officials are held accountable. Suing a citizen for making such a request undermines these principles and can create a chilling effect, discouraging others from seeking information.
- Protection of Democratic Rights: Access to information is a fundamental aspect of democratic governance. Citizens need to be informed to participate meaningfully in the democratic process. Legal actions against those requesting records can be seen as an attempt to stifle civic engagement and reduce governmental oversight.
- Legal Protections for Requestors: Many public records laws include provisions that protect requestors from retaliation or punitive actions by the government. Suing a citizen for making a records request may violate these legal protections and could be deemed illegal or unconstitutional.
- Public Interest: Allowing citizens to access public records serves the public interest by enabling investigative journalism, research, and informed public discourse. Government lawsuits against requestors can hinder these activities and reduce the overall flow of information to the public.
Why Did the Board of Supervisors Sue John Brakey in Pima County Instead of Santa Cruz County?
In 2014, I filed a public records request, which was denied without any statutory justification. This left me no choice but to file a lawsuit in the appropriate jurisdiction, Santa Cruz County. I ultimately prevailed, and the court ordered the county to pay my attorney’s fees and costs, totaling $38,000. The reason they didn’t want to sue me in Santa Cruz County is that the judges there are directly elected by the people. In contrast, judges in Pima County are appointed by the governor and only appear on the ballot for retention.
An excerpt from Attorney Bill Risner’s reply brief dated July 15, 2024, sheds light on the situation:
In 2014 “The reasoning of Judge Kimberly A. Corsaro shows that she based her attorney fees award on the County’s intentional concealment of important evidence. Therefore, Exhibit Two is evidence of the County’s failure to follow both the law and the spirit of public record laws, as well as demonstrating their grudge against John Brakey. The County admitted its prior misstatements only after seeking advice from the Secretary of State’s office during the trial. Only then did they acknowledge misleading the court and the parties involved in that suit.” Read the full brief here. https://bit.ly/4fxhvTx
This case has taken a strange turn, with Santa Cruz County losing twice yet continuing to appeal. We are now requesting a “Culprit Hearing,” in order to expose this deceitful behavior. Link to that document: https://bit.ly/3WBvPCG
In summary, suing a citizen for requesting public records is a direct attack on the core principles of transparency, accountability, and democratic governance. Such actions create a chilling effect, discouraging citizens from exercising their right to information and diminishing the public’s ability to hold government accountable.
Greater transparency and oversight might have helped Santa Cruz County avoid the $39.4 million lost to internal fraud by the county’s Treasure. Perhaps the past county accessor would not have been indicted for taking bribes. Maybe it wouldn’t have cost the county’s insurer $425,000 to defend and settle a sexual harassment, discrimination and retaliation suit against County Attorney with his young mistress in his office. Perhaps the county recorder wouldn’t have resigned because of her incompetency and misdeeds.
The issues in Santa Cruz County are serious, but the solution is straightforward: transparency, and a great deal of it.
