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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
public records; review standards
Purpose
Deems that the court standard of review for a question of a denial of access to public records, including whether any exception to disclosure applies, is de novo.
Background
All officers and public bodies must maintain all records reasonably necessary or appropriate to maintain an accurate knowledge of official activities and any other activities that are supported by public monies. Public records must be open to inspection and any person may request to examine or be promptly furnished copies, printouts or photographs of any public record during regular office hours. Any person may also request that the public records custodian mail a copy of any public record not otherwise available on the public body's website. At the time of request, the requesting person must affirm that the public record is not for a commercial purpose or, if the public record is for a commercial purpose, that the requesting person will provide a statement that explains the intended use. If requested, the public records custodian of an agency must also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person. In the index, the public records custodian of an agency must not include information that is expressly made privileged or confidential in statute or a court order. Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record (A.R.S. §§ 39-121 and 39-121.01).
Any person who has requested to examine or copy public records and who has been denied access to or the right to copy such records may appeal the denial through a special action in the superior court. A victim who is denied access to a public record in the course of a criminal case in superior court may appeal the denial through a special action within the criminal case. The court may award attorney fees and other legal costs that are reasonably incurred if the person seeking public records has substantially prevailed. Any person who is wrongfully denied access to public records has a cause of action against the officer or public body for any damages resulting from the denial (A.R.S. § 39-121.02).
A court engages in de novo review of a legal issue when the court makes an independent determination without deference to any earlier analysis about the matter. The review of a legal issue is treated as if no previous decision has been made. There is no presumption of the correctness or validity of any prior finding, recommendation or conclusion (Black's Law Dictionary, 2024).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems that the standard of review for a question of a denial of access to public records, including whether any exception to disclosure applies, is de novo.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 22, 2026
AN/KP/ci