Alaska

Those bodies covered by the municipal code provisions guaranteeing a right of participation are afforded only a "reasonable" right to be heard, implicitly subject to reasonable rules of the body or rulings of the chair.

It may often be helpful to establish contact with those responsible for complying with the records request at some point during the initial 10-day period or any extension thereof, by telephone or in person, to check on the status of the request and to see whether there is anything you can do to prevent unnecessary delays.

Overview

Alaska

The state recognizes the common-law presumption of access. In a 1991 case, the Appeals Court held, “Documents dating from the sixteenth century describe the public aspect of trial, necessitated by the fact that jurors were drawn from those who assembled . . . Except for a written indictment, the remainder of the trial was historically held in public.” Renkel v. State, 807 P.2d 1087, 1989 (Alaska App. 1991). (citing Press-Enterprise Co. v. Superior Court, 464 U.S. 501, 506, 104 S.Ct. at 822 (1984)).

The Public Records Act defines the term “public records” to mean “books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics. …” AS 40.25.220(3).  There are no reported cases at this time dealing with metadata specifically.  It does not appear the state has asserted a privilege with respect to metadata in producing e-mails generated during a former governor’s term in office, see section III.D above, but it is also not apparent that the issue was addressed at all.

Alaska appellate courts have not had occasion to squarely address the existence or scope of a reporter's privilege, and the trial courts have not had occasion to address the definition of a "reporter" for purposes of applying the privilege. The shield law defines "reporter" as "a person regularly engaged in the business of collecting or writing news for publication, or presentation to the public, through a news organization; it includes persons who were reporters at the time of the communication, though not at the time of the claim of privilege." AS 09.25.390(4).

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

Anyone who is denied access to records and whose appeal is denied may sue. AS 40.25.124; 2 AAC 96.350. A court must entertain a suit by a person who has not exhausted the "administrative remedies." In Carter v. APEA, the Supreme Court rejected the University's argument that the APEA should have exhausted procedures for obtaining information set by the Labor Relations Agency before suing. "The doctrine is not applicable where the remedy sought is judicial rather than administrative. . . .

The deliberations of an administrative body acting in an "adjudicating" role — such as the Game Board or the state Bar Association or the Architect's and Engineer's Board deciding on whether to suspend or revoke a license — are not covered by the open meetings act, although the fact-gathering, evidentiary hearing stage of such proceedings is covered.

Overview

Alaska

The Alaska Rules of Administration set out the control of court records in Rule 37.5, entitled “Access to Court Records.” The rule states the scope, purpose and who has access to court records. The rule states that “court records are accessible to the public, except” in specific cases such as personal information and work product of attorneys.

Rules 37.6 and 37.7 spell out times when access to court records is limited and how to obtain access to non-public records, respectively.

The coroner, upon receiving the report of a medical examiner, can either order an inquest, or enter an order dispensing with an inquest and record the death certificate. When it appears, from whatever source, that a death was by suicide or resulted from criminal conduct, the coroner must conduct an inquest by jury (unless a grand jury is looking into the death).