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Nationwide Review Exposes Flaws in Open Records Dispute Resolution

A comprehensive study reveals a fragmented system across the U.S., making it difficult for citizens to access public records and challenge open meetings violations.

An email from July 10, 2018, with the syllabus about Supreme Court Justice Neil Gorsuch teaching an upcoming law class in Italy is photographed, July 10, 2023. An Associated Press examination of the ethics practices of the U.S. Supreme Court relied on documents obtained from more than 100 public records requests to public colleges, universities and other institutions that have hosted the justices over the past decade. (AP Photo/Jon Elswick, File)

Overview

  • A nationwide review by The Associated Press and CNHI News highlights a fragmented and often ineffective system for resolving open records disputes across the U.S.
  • In many states, the primary recourse for individuals seeking public records or challenging open meetings violations is to engage in costly litigation.
  • Fewer than a third of states have offices capable of compelling agencies to comply with open records requests or open meetings laws.
  • The lack of effective enforcement mechanisms discourages citizens from pursuing information on government operations, impacting democratic transparency.
  • Some states, like Pennsylvania and Illinois, have more robust systems for handling disputes, but challenges and costs can still deter public access.