State Records Committee Appeal Decision 2022-20

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

BRADY EAMES, Petitioner, v.

ATTORNEY GENERAL'S OFFICE, Respondent.

DECISION AND ORDER

Case No. 22-20

By this appeal, Petitioner, Brady Eames, requests records allegedly held by Respondent, the Attorney General's Office (“AG’s Office”).

FACTS

On October 25, 2021, the AG’s Office received a request for records by Mr. Eames pursuant to the Government Records Access and Management Act (“GRAMA”). Mr. Eames sought records related to the trial and conviction of Michael Anthony Archuleta for the murder of Gordon Church in 1988. Specifically, Mr. Eames asked for “unique information in rough notes or drafts assembled or created and used to prepare other documents [that] adds proper understanding to the formulation and execution of policies, decisions, actions, or responsibilities” of the appellate division and the Solicitor General of the AG’s Office for the Archuleta case. In a letter dated November 8, 2021, Government Records Counsel for the AG’s Office denied Mr. Eames’ request, stating that the AG’s Office “has an ongoing case involving Mr. Archuleta” and therefore, the records “involving the issues you cite have been classified as protected…and cannot be provided to you.”

Mr. Eames filed an appeal on November 8, 2021 with the Chief Administrative Officer for the AG’s Office. In a letter dated November 22, 2021, Daniel Burton, General Counsel for the AG’s Office, denied Mr. Eames’ appeal finding that the requested records were properly classified as protected records. Mr. Eames filed an appeal of this decision with the State Records Committee (“Committee”) on November 22, 2021.

On December 2, 2021, Mr. Eames filed a second records request with the AG’s Office asking for every conflict screen established by the AG’s Office in relation to the Archuleta case. In a letter dated December 16, 2021, Government Records Counsel for the AG’s Office denied Mr. Eames’ request finding that because there was an ongoing case involving Mr. Archuleta, “any responsive records have been classified as protected” under GRAMA. After an appeal was filed with the Chief Administrative Officer for the AG’s office, Mr. Burton upheld the initial denial stating that the “public interest in ensuring the integrity of the ongoing legal proceedings, including resolution of Mr. Archuleta’s pending Motion to Determine Conflict, far outweighs your interest in accessing any such records at this time.” An appeal was filed by Mr. Eames with the Committee on January 4, 2022.

Because of the similar nature of the subject matter of the two appeals, Mr. Eames’ appeals were combined by the Committee into one hearing which was held on May 19, 2022. Mr. Eames failed to appear at the public hearing, but counsel from the AG’s Office was present at the hearing. After having carefully considered all evidence in the case including arguments made by Mr. Eames in writing and the written and oral arguments of the AG’s Office, the Committee issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. GRAMA specifies that “all records are public unless otherwise expressly provided by statute.” Utah Code § 63G-2-201(2). Records that are not public are designated as either “private,” “protected,” or “controlled.” See, Utah Code §§ 63G-2-302, -303, -304 and -305.

2. Records created or maintained for criminal enforcement purposes are protected records if properly classified by a governmental entity and if release of the records: (1) Reasonably could be expected to interfere with enforcement proceedings; or (2) Would create a danger of depriving a person of a right to a fair trial or impartial hearing. Utah Code § 63G-2-305(10)(b) & (c).

3. Records prepared for or by an attorney, employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial proceeding is a protected record if properly classified by a governmental entity. Utah Code § 63G-2-305(18). Additionally, records concerning a governmental entity’s strategy about imminent or pending litigation are protected records if properly classified by a governmental entity. Utah Code § 63G-2-305(23).

4. The Committee is persuaded by the arguments made by the AG’s Office that records it may possess that are responsive to Mr. Eames’ records request are properly classified as protected records pursuant to Utah Code § 63G-2-305(10)(b), -305(10)(c), -305(18), or -305(23), and therefore, not subject to disclosure. Mr. Archuleta is currently involved in litigation regarding his criminal conviction and the AG’s Office represents the State of Utah in that litigation. Accordingly, the Committee denies Mr. Eames’ two appeals regarding these records.

ORDER

THEREFORE, IT IS ORDERED THAT the appeals of Petitioner, Brady Eames, are hereby DENIED.

RIGHT TO APPEAL

A party to a proceeding before the Committee may seek judicial review in District Court of a Committee's Order by filing a petition for review of the Committee Order as provided in Utah Code § 63G-2-404. Utah Code § 63G-2-403(14). A petition for judicial review of a Committee Order "shall be filed no later than 30 days" after the date of the Committee Order. Utah Code § 63G-2-404(1)(a). The petition for judicial review must be a complaint which is governed by the Utah Rules of Civil Procedure and include the Committee as a necessary party and contain the required information listed in Subsection -404(2). Utah Code § 63G-2-404(1) & (2). The court shall make its decision de novo but shall allow introduction of evidence presented to the Committee, determine all questions of fact and law without a jury, and decide the issue at the earliest practical opportunity. Utah Code § 63G-2-404(6). In order to protect parties’ rights on appeal, a party may wish to seek advice from an attorney.

PENALTY NOTICE

Pursuant to Utah Code § 63G-2-403(15)(c), if the Committee orders the governmental entity to produce a record and no appeal is filed, the government entity herein shall comply with the order of the Committee and shall: (1) Produce the record; and (2) File a notice of compliance with the Committee. If the governmental entity ordered to produce a record fails to file a notice of compliance or a notice of intent to appeal, the Committee may do either or both of the following: (1) Impose a civil penalty of up to $500 for each day of continuing noncompliance; or (2) Send written notice of the entity's noncompliance to the Governor. Utah Code § 63G-2-403(15)(d)(i)(B). In imposing a civil penalty, the Committee shall consider the gravity and circumstances of the violation, including whether the failure to comply was due to neglect or was willful or intentional. Utah Code § 63G-2-403(15)(d)(ii).

Entered this 31 day of May 2022

BY THE STATE RECORDS COMMITTEE

KENNETH R. WILLIAMS
Chair, State Records Committee