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AG proposes narrow exemption to let custodians withhold documents compiled for pending litigation
Summary
House Bill 821, as amended, would let custodians withhold records "compiled or created because of pending or reasonably anticipated litigation" if disclosure would be contrary to the public interest. The attorney general argued the change would prevent litigants from using the Public Information Act to circumvent discovery; press groups cautioned
Patrick Hughes of the Office of the Attorney General described House Bill 821 as a narrowly targeted discretionary exemption that would permit, but not require, custodians to withhold records "compiled or created because of pending or reasonably anticipated litigation" until litigation concludes. Hughes proposed amendments narrowing initial draft language and said the measure mirrors…
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