Arizona Supreme Court Ruling Strengthens Public Records Law for Phoenix Residents

The Arizona Supreme Court has handed down a unanimous decision that makes it more difficult for government agencies to dodge disclosure by destroying records, and clarifies that courts, not the government, decide what stays hidden.

In a case involving the University of Arizona, the court ruled that destroying a public record after a member of the public requests it should land government agencies in legal trouble. The decision applies to all government agencies in Arizona, including those in Phoenix.

The ruling was made in a case brought by Matthew Abraham, a former English professor at the University of Arizona, who sued the Arizona Board of Regents after the university denied access to a list of records pertaining to hiring practices.

Abraham had requested the records in 2018, but the university produced some records with redactions and withheld others outright, citing privacy and confidentiality as reasons.

The university initially denied Abraham's request for an audio recording of a committee meeting, but later allowed him to listen to it in a private space without giving him a copy. Abraham denied this offer and continued to pursue his request.

After Abraham hired an attorney, the university reversed its position on some of the withheld records, but still refused to produce the audio recording.

The court's decision means that government agencies in Arizona can no longer destroy public records after a member of the public requests them. Instead, the decision will be made by the courts, not the government agencies themselves.

This ruling is significant for Phoenix residents, as it strengthens public records law and provides greater transparency and accountability in government.

Benjamin Rundall, an attorney for Abraham, said in a statement that the decision is an important victory for Abraham and for all Arizonans who rely on public records to understand what their government is doing.