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Access to Public Records for Prosecutors

This text provides guidance on accessing public records for prosecutors, outlining procedures, legal requirements, and best practices. It covers the purpose of requests, proper APRA requests, mandatory exceptions, record release, discretionary exceptions, and records retention.

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Access to Public Records for Prosecutors

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  1. Access to Public Records for Prosecutors AG/IPAC/AIPA Winter Conference December 8, 2014 J T. Parker, IPAC

  2. First Step • Acknowledge the request • 24 hours if in-person or on phone • 7 days if by mail or fax • Ind. Code § 5-14-3-9(a) • Best Practices • Always in writing • Complete the Action w/in 24 hours or 7 days, even though it only need be completed within a reasonable time

  3. First Question X X X X X 1. What is the purpose of the request?

  4. X First Question 0. What is the purpose of the request? • “No request may be denied because the person making the request refuses to state the purpose of the request . . ..” I.C.§ 5-14-3-3(a) • “A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master.” I.C. § 5-14-3-1. • “Providing persons with . . . information [regarding the affairs of government] is an essential function of a representative government and an integral part of the routine duties of public officials and employees.” Id.

  5. First Question • Is this a proper APRA request? • If no, then write a letter to the “requester” to that effect. • “A request for inspection or copying must . . . Identify with reasonable particularity the record being requested.” I.C.§ 5-14-3-3(a) • If yes . . .

  6. Second Question 2. Do you have the records? • If no, then write a letter. • If yes . . .

  7. Third Question 3a. Is there a mandatory exception that prevents disclosure like the one at I.C. § 5-14-3-4(a)(1) for “records . . . declared confidential by statute?” • If yes . . . 3b. Does it apply to the entire record; is the entire record confidential? • If yes, then write a letter. • If no . . . 3c. Is there amandatory exception that prevents disclosure of a part of the record like the one found at I.C. § 5-14-3-4(a)(12) for Social Security Numbers? If yes OR no . . .

  8. Fourth Question 4. Do I wish to release the record? • If yes, then release it, but redact any portion (e.g., SSNs) that may not be released pursuant to I.C. § 5-14-3-4(a). • If no . . .

  9. Fifth Question 5. Is there a discretionary exception found under I.C. § 5-14-3-4(b) applicable to this record? • If yes, then withhold the record and write a letter to the requester explaining your position. • If no, then the record should be released, but call IPAC first.

  10. Prosecutor 4(b) Discretionary Exceptions I.C. § 5-14-3-4(b)(1): “Investigatory records of law enforcement agencies.” I.C. § 5-14-3-4(b)(2): “The work product of an attorney representing . . . the state.” I.C. § 5-14-3-4(b)(6): “deliberative material.”

  11. Records Retention I.C. 5-15 Case Files Other Office Records

  12. Questions ?

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