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Indiana APDA Required Prosecutor to Disclose Subpoenas
The Evansville Courier (Courier), an Indiana newspaper, requested copies of subpoenas issued in a criminal investigation by the prosecutor for Vanderburgh County, Indiana, pursuant to the state Access to Public Documents Act (ADPA), Ind. Code Ann. § 5-14-30-1 et seq. The prosecutor refused, and the Courier sued to compel disclosure in state court. The trial court dismissed, and the Courier appealed.
On appeal, the Court of Appeals of Indiana, 1st District, found that the fact that the subpoenas might be investigatory records, without more, wasn’t enough to exempt them from disclosure under the APDA. On that basis, the Court reversed the trial court and remanded the case for further proceedings. See: In re Subpoenas Issued Relative to Vanderburgh County Treasurer’s Office Investigation; The Evansville Courier v. Prosecutor, Vanderburgh 499 N.E.2d 286 (1986).
On appeal, the Court of Appeals of Indiana, 1st District, found that the fact that the subpoenas might be investigatory records, without more, wasn’t enough to exempt them from disclosure under the APDA. On that basis, the Court reversed the trial court and remanded the case for further proceedings. See: In re Subpoenas Issued Relative to Vanderburgh County Treasurer’s Office Investigation; The Evansville Courier v. Prosecutor, Vanderburgh 499 N.E.2d 286 (1986).
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