Access to Government in the Computer Age

Program Description

Public access to all levels of government is a tenet that reaches back to the very beginnings of this country. All fifty states now have government access and public records laws intended to ensure that those seeking information about the business of government have a right to inspect and obtain copies of government records. Most of those statutes, however, were adopted well before computers and information technology became so central to government operations, a shift that has created both opportunities for greater public access and the possibility of new barriers to access. In addition, many of these public records statutes and much of the case law in the area of government access have resulted in practical dilemmas for government officials and employees and for those who do business with government, some caused by the shift to digital forms of records, some by the move to greater out-sourcing of government functions, and others merely by the day-to-day practicalities of conducting government business in a public forum.

This presentation will focus on issues that arise, in one form or another, in all jurisdictions.

• To what extent should electronic communications to or from government officials and employees be accessible to the public?
• Where should the line between private information on individuals and public information be drawn?
• When do the records of a public contractor become public records?
• How do public records laws relate to rules of discovery?
• What government records should be available for someone litigating against the government?
• Is government’s obligation to retain records effected by threatened litigation?
• Does the obligation to make records accessible to the public impinge upon the ability of government attorneys to effectively advise their client and protect client confidential information?
• Does access to government laws put the government attorney at a disadvantage when dealing with private litigants?

The attorneys on the panel, all experienced in representing government clients or clients who routinely do business with government, will discuss and offer insight into these and other questions associated with laws providing open access to government.

Program Faculty

Moderator: Martha Chumbler, Shareholder, Carlton Fields, P.A., Tallahassee, FL

John F. Fatino, Whitfield & Eddy PLC, Des Moines, IA

Benjamin Griffith, Partner, Griffith & Griffith, Cleveland, MS

Elizabeth M. Hernandez, City Attorney, City of Coral Gables, Coral Gables, FL

CLE Credit*

1.5 hours of CLE credit in 60-minute states/1.8 hours of CLE credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts.*

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.5 total NY CLE credits.

*States currently not accrediting ABA Teleconferences: DE, IN, PA, KS, OH