State ex rel. Thompson Newspapers, Inc. v. Martin

One issue in this case is whether documents containing allegations of criminal conduct become public records when they are submitted to a judge pursuant to the request to appoint a special prosecutor to investigate a matter. We are also asked to determine if documents containing allegations of criminal conduct become public records after a prosecutor decides not to formally charge a suspect. For the reasons which follow, we answer both questions in the negative and hold that the sealed document herein is not a public record.

The public records law, R.C. 149.43(B), requires requested public…