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Supreme Court holds that Government agencies have the discretion to produce most open records exempted documents

February 19, 2020

In the case of Campaign for Accountability v. Board of Regents, the Georgia Supreme Court issued a unanimous decision on June 18, 2018.  This was a case in which the sponsor of a professor’s academic research at Kennesaw University sued to prohibit disclosure of documents between the University researcher and the sponsor of the research that had to do with the effects of payday loans on the financial health of consumers.  The requester of the background records obviously wanted to see if the professor’s research was swayed because it was financed by the payday loan industry.

The Georgia Court of Appeals sided with the Consumer Credit Research Foundation that sponsored the professor’s research.  The Court of Appeals held that an agency could not release documents covered by an Open Records Act exemption.

However, the Supreme Court held that the Court of Appeals’ interpretation was wrong.  The language that precedes the 50 enumerated exceptions under O.C.G.A. § 50-18-72(a) states as follows:  “Public disclosure shall not be required for records that are [listed below].”  The Supreme Court rightly held that a common sense understanding is that not “requiring” records to be released is entirely different from “prohibiting” records from being released.

The Court correctly noted that some Open Records Act exemptions specifically state that the documents in question cannot be disclosed.  But for the great majority of the exemptions, an agency is free to permit disclosure of the requested records should it choose to do so.

David Hudson

GPA Counsel

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George Hall elected as Secretary of the Georgia Defense Lawyers Association

July 20, 2018

Congratulations! George Hall has been elected as the 2018 Secretary of the Georgia Defense Lawyers Association.

The Georgia Defense Lawyers Association (GDLA) was founded 51 years ago by a group of civil defense attorneys to create a forum for networking outside of the office, courtroom and arbitration table. Initially the GDLA’s focus was social camaraderie and the informal sharing of techniques on the vision of its founders and evolved to offer formal avenues for training, networking and communication. Wishing George all the best in his role with the GDLA.

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Augusta, Georgia

SunTrust Bank Building (7th Floor)
801 Broad Street Augusta, GA 30901
Office: 706.722.4481 | Fax: 706.722.9779
Hours: 9:00am-5:30pm

Aiken, South Carolina

111 Park Avenue, S.W.
Aiken, SC 29801
Office: 803.648.4213 | Fax: 803.648.2601
Hours: 9:00am-5:30pm

Evans, Georgia

7004 Evans Town Center Blvd.
Evans, GA 30809 3rd Floor
Office: 706.722.4481 | Fax: 706.650.0925
Hours: 9:00am-5:30pm

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