Legal Opinion · Concurring in part, dissenting in part

Citizens Action Coalition of Indiana, Energy Policy Institute, and Common Cause of Indiana v. Eric Koch, and Indiana House Republican Caucus

Indiana Supreme Court

Decided April 19, 2016No. 49S00-1510-PL-607Published

1Concurring in part, dissenting in partRucker, J.

I agree with the majority that the Access to Public Records Act (APRA) is fully applicable to the legislature. As the majority correctly points out: “Because the General Assembly contemplated APRA’s application to itself and its members, we see no prudential reason why this question should be avoided on grounds of justiciability.” Op. at 242; accord MacIver Inst. for Pub. Policy, Inc., v. Erpenbach, 354 Wis.2d 61, 848 N.W.2d 862, 875 (Ct.App.2014) (Reilly, J., concurring in opinion compelling state senator to disclose certain policy-related emails) (“If legislators do not like the law they…

2Cases cited8 opinions

  1. Havert v. CaldwellIndiana Supreme Court · 1983
  2. City of New Haven v. ReichhartIndiana Supreme Court · 2001
  3. Dowdell v. StateIndiana Supreme Court · 1999
  4. Outback Steakhouse of Florida, Inc. v. MarkleyIndiana Supreme Court · 2006
  5. Charter One Mortgage Corp. v. CondraIndiana Supreme Court · 2007

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