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10/07/2016

Ohio journalists take note: New public records appeals process in effect

Dennis Hetzel Executive DirectorBy Dennis Hetzel, Executive Director

The Ohio Court of Claims launched a website for citizens to use Ohio’s new public records appeals process on Sept. 28 when the law creating it went into effect.

Under the ONA-backed law, if you are denied access to a public record, you have the option of either going to court under the existing method or using an expedited process with the Court of Claims for a filing fee of $25. That can be refunded if you win.

With the new process, in most cases the court will seek mediation to resolve the issue. If mediation is skipped or it fails, a “special master” appointed by the court will consider the case, and you should have a complete, binding resolution in 45 days or less. Both sides still have the right to appeal.

The Court of Claims – the court that hears disputes with government – has set up a useful website to not only start an appeal but also answer frequent questions. You also can start a claim in person at any county courthouse. Here’s the link: https://ohiocourtofclaims.gov/public-records.php.

Note that you cannot use both the existing and new process. You must select one or the other. It will be more difficult to win attorney fees in the new process, but it already is so rare under Ohio law, that I don’t think that should be a key determiner. If the process works as intended, this should clean up a lot of the routine problems that Ohio journalists frequently encounter. And, it should greatly reduce the time and expense of hiring an attorney and going to court.

Many other states have expedited appeals process for open records, but Ohio’s approach is unique. We need your feedback on how it’s working, and we will be glad to answer legal hotline questions about usage of the process. Contact me at dhetzel@ohionews.org .

ONA General Counsel Mike Farrell and I recently conducted a webinar on latest developments in the Legislature and the courts in Ohio Sunshine Laws, and we spent considerable time on this process.

You can replay the complete webinar or download the slide deck from the “members only” section of www.OhioNews.org.

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