Bowling v. Office of Open Records

I respectfully dissent. The Right to Know Law (“RTKL”)1 contains a number of inconsistent provisions, making a determination of the proper standard of review exceedingly difficult, and calling for the General Assembly to set forth a clear articulation of the proper standard and scope of review of Office of Open Records (“OOR”) decisions. In the absence of such guidance, however, I submit that issues concerning the granting or denial of access to public records should be reviewed by appellate courts pursuant to the traditional, and issue specific, standards of review set forth below. My…