State Records Committee Appeal 93-07

AMERICAN CIVIL LIBERTIES UNION vs.

O. LANE MCCOTTER, as Executive Director of the Utah Department of Corrections

DECISION AND ORDER, Case No. 93-07

By this appeal the American Civil Liberties Union ("ACLU") seeks an order compelling the Executive Director of the Utah Department of Corrections ("Department"), O. Lane McCotter, to provide to the ACLU various documents and information regarding the new inmate telephone system; all reports the Department filed with state or federal agencies regarding monitored calls; all information concerning any calls made to Steve Russell, Esq., Brian M. Barnard, Esq., John Pace, Esq., the Utah Legal Clinic, the Utah Civil Rights and Liberties Foundation, Kathryn Kendall, Esq., Michele Parish-Pixler, Carol Gnade, Executive Director, or the American Civil Liberties Union of Utah Foundation, Inc.; and all contracts and related documents between the Department and telephone providers regarding inmate telephone services.

The State Records Committee, having reviewed the written materials submitted by the parties and having heard oral argument and testimony of the parties and other interested parties on November 3, 1993, now issues the following decision and order.

STATEMENT OF REASONS FOR DECISIONS

1. There was dispute regarding whether the materials sought by the ACLU were "records" as defined by Utah Code Ann. 63-2- 10.7 (1.7) (b)(iii) (Supp. 1993). The committee does not reach that question, however, because even if the materials are "records,'' they are "protected'' under Utah Code Ann. 63-2-304(8) and (11) (Supp. 1993).

ORDER

The decision of O. Lane McCotter, Executive Director of the Utah Department of Corrections, is affirmed and the appeal of the ACLU is denied.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to district court. The petition for review must be filed no later than 30 days after the date of this Order. The petition for judicial review must be a complaint. The compliant and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-404 & 502(7) (Supp. 1993). The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

DATED this 9th day of November, 1993.

BY THE STATE RECORDS COMMITTEE,
MAX J. EVANS, Chairman.