Evansville Courier v. Prosecutor, Vanderburgh County
Docket: No. 82A01-8604-CV-89
Court: Indiana Court of Appeals; November 5, 1986; Indiana; State Appellate Court
Evansville Courier, a newspaper, appeals a trial court ruling that denied it access to certain subpoenas issued by the Vanderburgh Circuit Court Clerk at the request of Prosecutor Robert Pigman during an ongoing criminal investigation. The Courier sought access under the Indiana Access to Public Documents Act, but the trial court classified the subpoenas as investigatory records exempt from public access. The appeal centers on whether subpoenas issued by a circuit court clerk at the prosecutor's request qualify as public records under Indiana law. The Access to Public Documents Act generally mandates public access to records, barring specific exceptions, including investigatory records of law enforcement. The State's argument hinges on a prior case asserting that prosecutors can maintain secrecy like grand juries. However, the court notes significant revisions to the Public Records Access Act since that ruling, which focused more on subpoena issuance than on public access to records. The court emphasizes the principle that government serves the public, asserting that all citizens should have access to government information. It concludes that the State failed to provide adequate justification for nondisclosure, as the stipulated facts did not demonstrate imminent harm or loss of evidence. Furthermore, four individuals related to the subpoenas were already aware of their involvement in the investigation. The court dismisses the State's policy arguments for secrecy as they do not constitute evidence. Ultimately, the court holds that subpoenas do not inherently qualify as investigatory records unless the State meets its burden of proof for nondisclosure, leading to the reversal of the trial court's judgment. Judges Neal and Hoffman concur with this decision.