Alabama

Overview

Alabama

We know of no statutory or case law authority relating specifically to public access to criminal post-trial proceedings; however, the presumption of openness under Rule 9.3(b) of the Alabama Rules of Criminal Procedure would apply.

Record of delivery of written request: If practicable, a record of delivery of the written request should be made: to whom, what date and time, and where.

The Alabama Public Records Law provides access to "public writings," without more definition, but recent statutes, case law, and attorney general opinions have recognized that the term includes electronic records. See, e.g., Ala. Code § 22-9A-21(f) (1997) ("The [nonrestricted public birth] records may be made available for viewing in photographic, digital, electronic, or other suitable format as provided for by rules of the [State Board of Health]."); Birmingham News Co. v. Peevy, 21 Media L. Rep. (BNA) 2125 (Cir. Ct.

The Alabama Open Meetings Act allows courts to invalidate the actions taken during meetings held in violation of the Act. Ala. Code §  36-25A-9(f) (Supp. 2005). However, under the former open meetings law Alabama courts consistently refused to set aside decisions that were made at wrongfully closed meetings. See, e.g., Ex parte Ala. Public Service Commission, 376 So. 2d 665 (Ala. 1979).  Citizens For Better Schools v. Greene, CV 2007-932 (Cir. Ct. of Jefferson County, Ala. Mar.

Enforcement of the Alabama Open Meetings Act may be sought by civil action brought in the county where the governmental body's primary office is located. Such an action may be brought for failure of the governmental body to follow the notice requirements of the Act, including the requirements for special or emergency meetings. Ala. Code §  36-25A-9(b)(1) (Supp. 2005). Remedies available include declaratory judgments, injunctions, invalidation of actions taken during the meeting held in violation of the act, and civil penalty up to $1,000.

Overview

Alabama

Although Alabama courts have not specifically addressed whether post-trial proceedings are open, the Supreme Court of Alabama’s decision in Balogun (indicating that judicial “proceedings” are open) should extend to post-trial proceedings.

Inapt; Alabama has no provision for administrative appeal from denial of access to public records.

There is no Alabama statutory or reported case law addressing the standard of proof for overcoming the assertion of the reporter's privilege.

The Alabama Code contains numerous provisions for the confidentiality of business information, financial data, trade secrets, and other proprietary information that is gathered or required to be filed with state agencies, including such information as is related to or included in records involving the following matters:

1. Agricultural cooperative marketing associations. Ala. Code §§ 2-10-28, -29 (1999).