State Ex Rel. Frohnmayer v. Oregon State Bar

The majority has concluded that the Bar is a “state agency” for purposes of the inspection provisions of the Public Records Law. In so concluding, the majority has erred. Therefore, I dissent.

The majority is correct in asserting that the Bar is subject to the inspection provisions of the Public Records Law. ORS 9.010(1). It also is correct in observing that the procedure under the inspection provisions creates a two-track system, with the initial determination of disclosure falling upon either the Attorney General, ORS 192.450, or a district attorney, ORS 192.460. But the majority is…