Lawyers seek exemptions from Arkansas’ public records law

LITTLE ROCK—Lawyers for two of Arkansas' university systems and the state Highway and Transportation Department are pushing for legislation seeking to limit access to some public records.

The measure would exempt some attorney-client communications and attorney work products from disclosure under the state's Freedom of Information Act.

The university systems and the department have told legislators they face an unfair advantage in court because of the state's public records law, the Arkansas DemocratGazette reported.

"Attorneys within the University of Arkansas system have had opposing counsel ask for deposition notes during depositions," University of Arkansas System general counsel David Curran told the House State Agencies and Governmental Affairs committee on March 1. "That has happened.

But the groups couldn't cite a documented case in the past two years in which attorneys were forced under the Freedom of Information Act to turn over documents to opposing counsel.

A Freedom of Information Act request "doesn't have to be in writing," Chief Legal Counsel Rita Looney told the Arkansas Democrat-Gazette.

She said that if someone asks for records "you make a copy and give it to them. There is no record."

Little Rock lawyer Glenn Hoggard, an opponent of the bill, said the legislation is broadly written, which would open "a gaping hole in the FOIA."

Other opponents, including the Arkansas Press Association, the Advance Arkansas Institute and other open-government groups, said the bill could allow state and local governments to withhold vast quantities of records from the public.

"You will not be able to get the truth if public institutions can hide the truth," said Republican Sen. Bryan King.

Republican Sen. Bart Hester and Republican Rep. Bob Ballinger, the bill's sponsors, couldn't be reached for comment.