Alabama

There is no statutory or case law addressing this issue.

(This section is blank. See the subpoints below.)

A meeting of a governmental body may be closed to discuss the consideration the governmental body is willing to offer or accept when considering the purchase, sale, exchange, lease, or market value of real property. Ala. Code § 36-25A-7(a)(6) (Supp. 2005). However, if an executive session is convened, in addition to the members of the governmental body, only persons representing the interests of the governmental body in the transaction may be present during the executive session.

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.

Use of conference calls to circumvent the requirement of open government is a violation of the Alabama Open Meetings Act. Ala. Code §  36-25A-1(a) (Supp. 2005) ("Electronic communications shall not be utilized to circumvent any of the provisions of this chapter."); Op. Att’y Gen. Ala., 2006-071 (Quorum is based solely on members physically present at meeting and members attending meeting via telephone do not count toward establishing quorum); Op. Att’y Gen.

Alabama's Public Records Law is silent as to the procedure for obtaining public records. Typically, the request is made initially in person or by telephone to the office that holds the records. If a more formal, written request is necessary, that request is typically made to the custodian of the records, the governmental entity or officer that holds the records, or (if the request has reached the "lawyering" stage) to the attorney for the governmental entity or officer that holds the records.

There is no statutory or case law addressing this issue.

The procedures for filing a motion to intervene to challenge closure of court proceedings or filing suit to challenge closure of other meetings are discussed below.

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.