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Ruling: Multiple factors count in paying records case costs

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Posted at 6:36 AM, Aug 26, 2021
and last updated 2021-08-26 09:36:01-04

PHOENIX (AP) — A new court ruling says reimbursement of attorney fees and costs of litigants who prevail in legal fights over release of public records isn’t determined solely by what records they receive.

The Arizona Supreme Court ruled Wednesday that trial judges have broad discretion to consider other factors when deciding whether to order reimbursement. The decision said trial judges should consider factors such as whether a case’s outcome set a legal precedent or defeated the government’s denial of access to public records.

The decision stemmed from a fight between the American Civil Liberties Union of Arizona and the Arizona Department of Child Safety over records on child welfare services.

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