Arizona government agencies may not destroy public records after receiving a request for them, and courts must independently review agencies’ claims that requested documents should remain secret, the Arizona Supreme Court ruled unanimously Friday.
In the unanimous opinion, Justice Clint Bolick wrote that “post-request destruction of a document is the ultimate denial.” The case, reported by KJZZ, arose after University of Arizona English professor Matthew Abraham sought records between 2018 and 2020 concerning hiring and appointment practices. The university released some documents, redacted or withheld others and later destroyed an audio recording of an October 2019 faculty committee meeting.
University officials had offered to let Abraham listen to the recording without giving him a copy. The court found Arizona law entitled him to both inspect and copy the record and said the pending request gave it continuing legal value. An agency’s internal retention policy cannot override the state’s preservation statute, the justices held.
The court rejected deference to public bodies when they cite privacy, confidentiality or the state’s interests. Judges must review those claims de novo — meaning anew — and may inspect disputed documents privately before deciding whether withholding or redactions are justified.
The ruling broadens how courts may decide whether requesters “substantially prevailed” under Arizona’s attorney-fee provision. A requester must file a lawsuit to become eligible, but courts may consider the entire dispute, including records produced after the requester hired counsel and before suit was filed. The court said a narrower rule could let agencies delay disclosure until litigation was imminent without financial consequences.
The justices reversed the lower court and returned the case to Pima County Superior Court, according to the official docket. Abraham has not yet been awarded fees; the trial judge must determine which disputed records are public and whether he substantially prevailed.
