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The Alabama Public Records Law does not restrict the manner in which the information obtained from public records may be used. Rule 33 of the Alabama Rules of Judicial Administration requires a requester to state, among other things, "the intended use" of the requested information when a requester seeks access to computer-based information that is maintained by the Administrative Office of Courts ("AOC"). "Intended use" is also a factor used by the AOC in evaluating the request and thus might be grounds for refusing the request. Computer-based information about pending cases is available online, however, through the State's ALALINC system, for an annual user fee, with no inquiry as to the purpose of the request for ALALINC service.
Alabama
The Alabama Public Records Law does not classify or list those officers and entities that are or are not subject to its provisions. Other statutes, however, require "[a]ll public officers and servants" to make and keep such records "as at all times shall afford full and detailed information in reference to the activities or business required to be done or carried on by such officer or servant and from which the actual status and condition of such activities and business can be ascertained without extraneous information," Ala. Code § 36-12-2 (2001), and "[e]very public officer having custody of a public writing which a citizen has a right to inspect" to make a certified copy available on demand "on payment of the legal fees therefor," Ala. Code § 36-12-41 (2001).
Furthermore, section 36-12-1 defines "public officer or servant" broadly as including, "in addition to the ordinary public offices, departments, commissions, bureaus and boards of the state and the public officers and servants of counties and municipalities, all persons whatsoever occupying positions in state institutions." See also Scott v. Culpepper, 220 Ala. 393, 393, 125 So. 643, 643 (1930) ("[E]very one who is appointed to discharge a public duty and receives compensation therefor, in whatever shape, is a 'public officer'"; applying Public Records Law). The Public Records Law, or its predecessor, has been applied to the entities and officers listed by category below.
Alabama
Records of the executives themselves (governor, mayor, etc.) are presumptively subject to the Public Records Law, although the Law itself is silent on this point.
Alabama
Records of all functions of the executive branch are presumptively subject to the Public Records Law, although the Law itself is silent on this point.
1. All executive bodies are presumptively subject to the Law, although the Law itself is silent on this point. Court decisions have applied the Law, or common law prior to enactment of the 1923 Public Records Law, to the following executive bodies or officers, among others:
a. City: Expense vouchers and related records. Burnham Broad. Co. v. City of Mobile, CV 92-2752 (Cir. Ct. of Mobile County, Ala., Aug. 4, 1992).
b. County commission and county personnel department: Applications for water and sewer commissioner. Chambers v. Birmingham News Co., 552 So. 2d 854 (Ala. 1989).
c. County registrar of births and deaths: Death certificate. Scott v. Culpepper, 220 Ala. 393, 125 So. 643 (1930).
d. County sheriff: Jail docket and blotter. Holcombe v. State ex rel. Chandler, 240 Ala. 590, 200 So. 739 (1941); incident/offense reports, Washington County Publications Inc. v. Wheat, No. CV-99-94M (Cir. Ct. of Washington County, Ala., May 1, 2000); pistol licenses, TV Alabama Inc. v. Woodward, Civil Action No. 9707688, Dec. 17, 1997) (order by consent).
e. Mayor and civil service board: Civil service board minutes and records of business. International Ass'n of Firefighters v. City of Sylacauga, 436 F. Supp. 482, 487-88, 491-92 (N.D. Ala. 1977)
f. Municipal chief of police: Arrest reports. Birmingham News Co. v. Deutcsh, CV 85-504-132 JDC (Cir. Ct. of Jefferson County, Ala., Equity Div., Aug. 19, 1986) (by implication). See also Birmingham News Co. v. Watkins, CV 38389 (Cir. Ct. of Jefferson County, Ala., Oct. 30, 1974) (rejecting Public Records Law as basis for access, but finding First Amendment newsgathering right of access).
g. Municipal excise commission: Recommendation for an applicant for a liquor license. Excise Commission of Citronelle v. State ex rel. Skinner, 179 Ala. 654, 657-58, 60 So. 812, 813 (1912) (nonjudicial records open only to those with interest in them).
h. Municipal finance department: Internal audit reports. Bedingfield v. Birmingham News Co., 595 So. 2d 1379 (Ala. 1992) (affirming Birmingham News Co. v. Bedingfield, CV 91-1803 JDC (Cir. Ct. of Jefferson County, Ala., Equity Div., May 2, 1991)).
i. State Auditor: Tax ledger. Brewer v. Watson [Brewer I], 61 Ala. 310, 311 (1878) (books in executive department open only to those who have interest in them and when the disclosure sought would not be detrimental to the public interest).
j. State Board for Registration of Architects: Registration examinations of successful candidates. Munger v. State Board for Registration of Architects, 607 So. 2d 280 (Ala. Civ. App. 1992).
k. State Department of Corrections: Prison incident reports. Allen v. Barksdale, 32 So. 3d 1264 (Ala. 2009).
l. State Department of Forensic Science: Equipment records. Ex parte State of Alabama, 985 So. 2d 446 (Ala. 2007).
m. State Department of Industrial Relations: Internal regulations, procedures, and deadlines. Shoemaker Pal v. Ala. Dept. of Indus. Relations v. Kennedy, CV 07-900154 (Cir. Ct. of Montgomery County, Alabama June 28, 2007). H2-B visas. Southern Poverty Law Ctr. v. Kennedy, CV 06-787 (Cir. Cit. of Montgomery County, Sept. 26, 2006).
n. State Director of Finance: Remote access telephone records for State Legislature. Birmingham News Co. v. Swift, CV 88-1390 G (Cir. Ct. of Montgomery County, Ala., Sept. 7, 1988).
o. State teachers' retirement system: Actuarial tables used in calculating teachers' retirement benefits. Walsh v. Barnes, 541 So. 2d 33 (Ala. Civ. App. 1989).
p. State Personnel Department: Records relating to hiring and training. Graham v. Ala. State Employees Ass’n, 991 So. 2d 710 (Ala. Civ. App. 2007).
2. Alabama Attorney General opinions have applied the Public Records Law to the following executive entities and officers, among others:
a. City fire departments: National Incident Reporting Systems forms. Op. Att'y Gen. Ala. No. 2006-134, 2006 Ala. AG LEXIS 97 (Aug. 17, 2006).
b. City/county school board: County public school system letters, documents, etc., 170 Op. Att'y Gen. Ala. 20 (Feb. 1, 1978); names and letters of reference for construction project bidders, 237 Op. Att'y Gen. Ala. 18 (Oct. 11, 1994); employee information, including salary, race, etc., Op. Att'y Gen. Ala. No. 1996-003, 1995 Ala. AG LEXIS 59 (Oct. 4, 1995).
c. County board of education: Lists of teachers and other school personnel. 212 Op. Att'y Gen. Ala. 26 (Aug. 1, 1988).
d. County board of equalization: Documents regarding a taxpayer's protest of property valuation. 215 Op. Att'y Gen. Ala. 39 (June 14, 1989).
e. County commission: Names, titles and compensation of county employees, 210 Op. Att'y Gen. Ala. 20 (Jan. 13, 1988); resumes of applicants for County Administrator, 221 Op. Att'y Gen. Ala. 24 (Oct. 24, 1990); county jobs, payroll and salary ranges, 227 Op. Att'y Gen. Ala. 60 (June 11, 1992).
f. County sheriff's office: Computer print-out of prisoner information, 197 Op. Att'y Gen. Ala. 21 (Nov. 16, 1984); computer print-out of executions and orders of sale, 217 Op. Att'y Gen. Ala. 29 (Nov. 17, 1989); pistol permits, 223 Op. Att'y Gen. Ala. 16 (Apr. 18, 1991); front side of incident/offense reports, Op. Att'y Gen. Ala. No. 2000-004, 1999 Ala. AG LEXIS 89 (Oct. 7, 1999); Op. Att'y Gen. Ala. No. 2000-197, 2000 Ala. AG LEXIS 112 (July 19, 2000).
g. County tax assessor's office: Computerized data regarding real estate. 209 Op. Att'y Gen. Ala. 29 (Nov. 4, 1987).
h. State Board of Nursing: Names of nurses' license revocations. 167 Op. Att'y Gen. Ala. 28 (May 4, 1977).
i. State Bureau of Tourism and Travel: Records pertaining to the award of a contract. Op. Att'y Gen. Ala. No. 2002-205, 2002 Ala. AG LEXIS 107 (Apr. 8, 2002).
j. State Department of Archives and History: Depositories for public records. 223 Op. Att'y Gen. Ala. 25 (May 22, 1991).
k. State Department of Banking: Deferred Presentment licensees. Op. Att'y Gen. Ala. No. 2007-001, 2006 Ala. AG LEXIS 119 (Oct. 2, 2006)
l. State Department of Corrections: Department records, including work release rosters. 200 Op. Att'y Gen. Ala. 25 (Aug. 20, 1985).
m. State Department of Forensic Sciences: Autopsy reports. Op. Att'y Gen. Ala. No. 2007-015, 2006 Ala. AG LEXIS 142 (Dec. 4, 2006).
n. State Department of Industrial Relations: Certain information on forms filed with the department indicating that an employer has secured workers' compensation insurance, including names and mailing addresses of the insured, the name of the insurer and its policy number, and the policy period, but not the insured's risk classification or codes, premiums, rates, and merit-rating. Op. Att'y Gen. Ala. No. 2001-137, 2001 Ala. AG LEXIS 58 (Mar. 30, 2001).
o. State Department of Postsecondary Education: Data regarding teachers and administrative employees. Op. Att'y Gen. Ala. No. 1988-00079 (Dec. 16, 1987). Correspondence received by a public official acting in the scope of their employment. Op. Att'y Gen. Ala. No. 2007-031, 2007 Ala. AG LEXIS 4 (Jan. 9, 2007).
p. State Department of Public Records: non-identifying driver license information. Op. Att'y Gen. Ala. No. 2007-117, 2007 Ala. AG LEXIS 90 (July 25, 2007).
q. State Home Builders Licensure Board: All files on unlicensed builders, including completed consent agreements between the Board and unlicensed builders or entities. Op. Att'y Gen. Ala. No. 2001-136, 2001 Ala. AG LEXIS 59 (Mar. 29, 2001).
r. State Medicaid Agency: Uniform cost reports filed by providers, 184 Op. Att'y Gen. Ala. 27 (Aug. 15, 1981); contract between agency and its fiscal agent, 200 Op. Att'y Gen. Ala. 23 (Aug. 19, 1985); documents and agendas used by Medicaid committees, Op. Att'y Gen. Ala. No. 2000-252, 2000 Ala. AG LEXIS 140 (Sept. 29, 2000).
s. State Nursing Home Administrators Board of Examiners: Nursing home administrators' license applications. 226 Op. Att'y Gen. Ala. 15 (Jan. 15, 1992).
t. State Plumbers and Gas Fitters Examining Board: Names and mailing addresses of applicants. Op. Att'y Gen. Ala. No. 2001-107, 2001 Ala. AG LEXIS 31 (March 1, 2001).
u. State Secretary of State: Complaint file’s final order. Op. Att'y Gen. Ala. No. 2010-050, 2010 Ala. AG LEXIS 23 (Mar. 17, 2010).
v. State Tenure Commission: Records of appeals to commission and minutes of commission. 224 Op. Att'y Gen. Ala. 109 (July 25, 1991).
Alabama
All legislative bodies are presumptively subject to the Public Records Law, although the Law itself is silent on this point. One trial court has applied the Law to the following legislative officers: Clerk of the State House and Secretary of the State Senate: Remote access telephone assignment records. Birmingham News Co. v. Swift, CV 88-1390 G (Cir. Ct. of Montgomery County, Ala., Aug. 31, 1988).
Alabama
1. All Alabama courts and judicial system bodies are presumptively subject to the Public Records Law, although the Law itself is silent on this point. Court decisions have applied the law, or common law prior to enactment of the 1923 Public Records Law, to the following judicial system entities or officers, among others:
a. Circuit court clerk: Subpoena docket of witnesses. Jackson v. Mobley, 157 Ala. 408, 47 So. 590 (1908). Case-action-summary sheets, indictments, plea agreements, explanation-of-rights forms, and sentencing orders. Ex parte Perch, 17 So. 3d 649 (Ala. 2009).
b. County probate judge: Petition for liquor referendum, State ex rel. Kernells v. Ezell, 291 Ala. 440, 282 So. 2d 266 (1973); license tags for state vehicles, Birmingham News Co. v. Hobbie, 12 Media L. Rep. (BNA) 1687 (Cir. Ct. of Montgomery County, Ala., Dec. 20, 1985).
c. Municipal courts: Judicial records, Mobile Press Register, Inc. v. Lackey, 938 So. 2d 398 (Ala. 2006).
d. State courts: Judicial records, Byrd v. First Real Estate Corp., No. CV-95-N-3087-S (N.D.Ala. 1998) (action to open court record that included documents relating to a settlement agreement); Holland v. Eads, 614 So. 2d 1012 (Ala. 1993) (action to open court file sealed pursuant to settlement agreement); Duck Head Apparel Co. v. Hoots, 659 So. 2d 897 (Ala. 1995) (challenge to protective order sealing entire record in order to keep financial data submitted at post trial hearing confidential); see also the following First Amendment judicial records access cases: Ex parte Consolidated Publishing Co., 601 So. 2d 423 (Ala. 1992); Ex parte Birmingham News Co., 624 So. 2d 1117 (Ala. Crim. App. 1993).
2. Alabama Attorney General opinions have applied the Public Records Law to the following judicial system entities or officers, among others:
a. County circuit court: Jury lists for criminal cases. 200 Op. Att'y Gen. Ala. 16 (July 22, 1985).
b. County circuit court register's office: Register's office records. 190 Op. Att'y Gen. Ala. 33 (Mar. 7, 1983); see also Ala. Code § 12-17-119 (1995) (registers' records open).
c. County district court clerk's office: Executed search warrants and arrest warrants. 197 Op. Att'y Gen. Ala. 13 (Oct. 10, 1984).
d. Municipal court: Municipal court records. 208 Op. Att'y Gen. Ala. 28 (Sept. 2, 1987). Executed arrest warrants. Op. Att'y Gen. Ala. No. 2008-030, 2007 Ala. AG LEXIS 97 (Dec. 28, 2007).
e. Probate judge's office: County voting lists and applications, 202 Op. Att'y Gen. Ala. 19 (Jan. 24, 1986); lists from which poll workers are appointed, 210 Op. Att'y Gen. Ala. 45 (June 3, 1988); military discharge certificates filed in probate court, Op. Att'y Gen. Ala. No. 2002-331, 2002 Ala. AG LEXIS 241 (Sept. 5, 2002).
Alabama
The Public Records Law is silent on this point, and we know of no decisions addressing the question.
Alabama
The Public Records Law is silent on this point, and we know of no decisions addressing the question.
Alabama
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