Spencer Fane attorney Jacob Hollars recently authored an article, CO Supreme Court: Public Entities Can’t Deny Open Records Requests from Opposing Litigants, in Law Week Colorado.
In the article, Jacob describes a recent Colorado Supreme Court ruling, Archuleta v. Roane, where the majority held that a party to litigation with a public entity is not prohibited from requesting records from that public entity under the Colorado Open Records Act (CORA).
Jacob states, “In affirming, the Court in Archuleta began its analysis by emphasizing that ‘Colorado law favors transparency.’ And although CORA does allow denial of an open records request when the Colorado Rules of Civil Procedure prohibit inspection, the Court found that nothing in the Colorado Rules of Civil Procedure contains such a prohibition. The Archuleta court found that although various Rules may address document requests, none of them contain a prohibition on obtaining through CORA documents relevant to any ongoing litigation.”
At the firm, Jacob is a trial and appellate lawyer specializing in employment issues, real estate, special district, and commercial matters. He represents clients through all phases of litigation on a wide variety of matters in both state and federal courts.
Read the full article in Law Week Colorado here. Please note, a subscription may be required.
