Arizona Supreme Court strengthens public records law in ruling against U of A

The Arizona Supreme Court ruled unanimously that a public agency destroying a requested record counts as an illegal denial of access, siding with former University of Arizona professor Matthew Abraham in his years-long records fight with the Arizona Board of Regents. Abraham had sought records on hiring practices after raising concerns the university was violating state law barring hiring decisions based on race, sex or gender, and after he was rejected from program director positions.

The university withheld or redacted various records and destroyed an audio recording of a 2019 faculty committee meeting Abraham had specifically requested. Lower courts had sided with the university, ruling it had discretion over withholding records and that the destroyed recording's disappearance mooted that claim; the Supreme Court disagreed, calling the destruction 'an obvious violation' and 'the ultimate denial.'

The court also ruled that judges, not agencies, must independently review records disputes, and that attorney fee awards must account for pre-lawsuit stonewalling, not just what a lawsuit itself produces. Attorneys for Abraham and two groups filing supporting briefs called the ruling a reaffirmation that public records laws exist to hold government accountable.

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