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Board denies FOIA appeal for probate-court surveillance footage, legal counsel says courts not subject to FOIA
Summary
County legal counsel recommended denying an appeal for surveillance video from the probate court, explaining the courts are not subject to FOIA and that records relating to pending litigation are obtainable through discovery rather than FOIA; the board approved the recommended response.
Mike O'Mear, county legal counsel, presented a proposed response to an appeal of a FOIA request seeking security camera footage from the probate court. O'Mear recommended denying the appeal on the basis that "the courts are not subject to FOIA," and that records tied to active litigation are accessible through discovery rather than public-record requests.
"This is related to some underlying litigation at the probate court," O'Mear said, and advised that there are other avenues — notably discovery in the litigation process — for obtaining such footage rather than FOIA. A board member asked whether the requester was representing himself; counsel said that was his understanding.
The board voted to deny the FOIA appeal and authorized sending the response letter as recommended. No additional board action was taken on the matter during the meeting.
