In the case of State ex rel. Mitchell v. Byrd, 2022-Ohio-2700, the Appellate Court dismissed Requestor’s request for a writ of mandamus to compel public records request pursuant to R.C. 149.43, the “Ohio Public Records Act”, holding that Requestor’s request was too burdensome and overbroad to require disclosure.
A person will be entitled to a writ of mandamus if they can evidence each of the foregoing elements: (1) there is a clear legal right to the relief prayed for, (2) SERB is under a corresponding clear, legal duty to perform the requested acts, and (3) there is no plain and adequate legal remedy.
Here, Requestor requested a list of all the petit empaneled jurors’ age, sex, race/ethnicity, and the Judges presiding and cases they’re attached to for the last fifteen years. 2022-Ohio-2700 at ¶¶ 1, 6. The Cuyahoga County Clerk of Courts (“Respondent”) argued that the request qualified as an exception to the public records law, as such a request is overly burdensome and broad and would require Respondent to compile voluminous records and convert the existing records into a new file. The Court agreed with Respondent.
In support of its decision, the Court reasoned that despite the liberal nature of broad access and disclosure under Ohio’s Public Records Act, it does not require Respondent to respond to requests that are too broad or voluminous in nature. The Court further reasoned that Respondent need not produce records that do not exist, as the request would require Respondent to create new records. As a result, the Court denied Requestor’s public records request.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.