C. Court-derived exclusions, common law prohibitions, recognized privileges against disclosure.

1. Court Rules.

a. Limitations of Access to Court Files. A court may limit access to civil court files upon a showing by a person in interest that the public interest in access to the files is outweighed by harm to that person's privacy that access would cause. Colo. R. Civ. P. 121,1-5. See Anderson v. Home Ins. Co., 924 P.2d 1123 (Colo. App. 1996). The court may also issue protective orders under Colo. R. Civ. P. 26(c) to restrict public access to materials obtained in discovery in civil litigation. See Bowlen v. District Court, 733 P.2d 1179 (Colo. 1987).

b. Attorney Discipline Records. Records of proceedings before the Supreme Court Attorney Disciplinary Committee are confidential and not to be made public under Colo. R. Civ. P. 241.24(a). Disclosure is punishable by contempt. An exception exists if the disciplinary proceeding is based on a lawyer's public discipline in another jurisdiction or on the lawyer's conviction of a crime, Colo. R. Civ. P. 241.24(b)(1), or if the proceeding is based on allegations that have already been made public. Colo. R. Civ. P. 241.24(b)(3). The lawyer may also waive confidentiality. Colo. R. Civ. P. 241.24(b)(2).

c. Grand Jury Proceedings. Grand Jury proceedings are secret until an indictment is made public or a grand jury report is issued. Colo. R. Crim. P. 6.2(a); see In re P.R. v. District Court, 637 P.2d 346 (Colo. 1981).

2. Court-Made Exemptions.

Attorney-Client Privilege. Because the Open Records Act specifically authorizes denial of inspection of "privileged information" in Colo. Rev. Stat. § 24-72-204(3)(a)(IV), common law attorney-client and attorney work product privileges are incorporated into the Open Records Act. Hence, communications between attorneys and clients and materials prepared by an attorney in anticipation of litigation are not public records subject to inspection. Denver Post v. University of Colorado, 739 P.2d 874, 880-81 (Colo. App. 1987).

3. Relation Between Open Records Act and Civil Discovery Rules. The Open Records Act does not limit access to any public records merely because a person is engaged in litigation with the public agency from which access to records is requested. People in Interest of A.A.T., 759 P.2d 853 (Colo. App. 1988). Thus, a court in which a civil action is pending has no jurisdiction to enter a protective order against a request under the Open Records Act. Id. And, a public agency may not deny an Open Records Act request on the ground that the rules of civil procedure governing discovery provide the exclusive means of obtaining the documents. Id. Where a party is entitled to public records, such as a personnel file, an Open Records request rather than a formal discovery request is sufficient. Ornelas v. Department of Institutions, 804 P.2d 235 (Colo. App. 1990). On the other hand, the exemptions of certain records from the public inspection provisions of the Open Records act do not ipso facto exempt such records from discovery in civil litigation. Martinelli v. District Court, 199 Colo. 163, 612 P.2d 1083 (1980).