Good news on public records

8/27/2010: I’m no law professor, but I hear this will lead to more openness on public records. Something to do with the economic incentives it creates. Not that I’m an economist. Ironically, the losing side of the case was argued by Melinda Grier’s husband Jerome Lidz, who was Oregon Solicitor General until recently:

Oregon Courts News                       2010-54
Willamette Law Online – Willamette University College of Law

On August 26, 2010 the Oregon Supreme Court issued the following opinion:

(1) ATTORNEY FEES – An attorney appearing pro se seeking disclosure of
public records is entitled to attorney fees for his services, irrespective
of appearing on his or her own behalf.

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(1) Colby v. Gunson
Decided: 8/26/10
Case No.: S057691
Balmer, J. for the Court En Banc
http://www.publications.ojd.state.or.us/S057691.htm

ATTORNEY FEES – An attorney appearing pro se seeking disclosure of public
records is entitled to attorney fees for his services, irrespective of his
appearing on his own behalf.

In 2008 Colby, an attorney, sought access to state medical examiner
Gunson’s autopsy report prepared after a police shooting. Gunson denied
Colby’s request, claiming the records were exempt. The trial court found
against Colby, but the Court of Appeals reversed. After succeeding on the
appeal, Colby sought attorney fees under ORS 192.450(2), which states that
an attorney who files suit seeking to inspect a copy of a public record
and prevails, is entitled to reasonable attorney fees. The Court of
Appeals denied Colby’s request because he appeared pro se. The Court of
Appeals held that attorney fees are available only when the attorney and
client were separate entities. On appeal, the Oregon Supreme Court
examined the definition of “attorney fees” and the statute. The Court held
that attorney fees are available regardless of whether the client was
obligated to pay. In addition, because the statutory language any “person”
includes an attorney appearing pro se, the Court held that Colby was
eligible for attorney fees even though he represented himself. Reversed.

[Summarized by Ryan Kunes]