ATTORNEY GENERAL FILES AMICUS BRIEF IN FOIA CASE McDaniel defends constitutionality of Freedom of Information Act

Attorney General Dustin McDaniel today announced that the Arkansas Supreme Court has granted his request to file an amicus brief in support of the state’s Freedom of Information Act.

McDaniel’s brief contends that a Sebastian County circuit judge erred last year when he issued a decision that portions of the FOIA were unconstitutional.

In the brief, McDaniel argues that Sebastian County Circuit Judge James Cox applied the wrong legal standards when he ruled that the open meetings provision and the criminal misdemeanor provision of the Act are unconstitutional. McDaniel’s brief states that the court’s ruling was contrary to decisions by other courts nationwide, which have consistently held that State open-meetings laws are constitutional.

“For 45 years, the Arkansas Freedom of Information Act has ensured transparency and accountability of our State’s government officials,” McDaniel said. “We will stand up for the Act and its constitutionality. We are grateful to the Supreme Court for allowing this amicus brief in which we reaffirm the State’s commitment to the Act and its longstanding, broad interpretation toward openness.”

The question at issue is whether Fort Smith city officials violated the FOIA when the city administrator had a series of one-on-one discussions with city directors in 2009. Judge Cox ruled in favor of the city and the plaintiff in the case appealed that decision to the Arkansas Supreme Court.

The Court today also accepted an amicus brief from the Reporters Committee for Freedom of the Press and the Arkansas Press Association.

The case is 11-1086, McCutchen v. City of Fort Smith.