ARIZONA SUPREME COURT RULE 123
“Historically, this state has always favored open government and an informed citizenry. In the tradition, the records in all courts and administrative offices of the Judicial Department of the State of Arizona are presumed to be open to any member of the public for inspection or to obtain copies at all times during regular office hours at the office having custody of the records.”
The above quote is taken directly from Rule 123 and is one of my all-time favorites. An informed citizenry is important for any democracy.
A common misconception is that the Arizona Public Records Law, located in ARS Title 39, governs the production of court records. Often times attorneys and private investigators reference Title 39 when requesting court records or attempting to research an issue related to court records. In actuality, Arizona Supreme Court Rule 123 is the rule adopted to govern public access to the records of all courts and administrative offices of the judicial department of the State of Arizona.
As a professional investigator working in Arizona, it’s important that you understand Rule 123 inside and out. Your attorney clients will often rely upon you to request records and overcome routine wrongful denials to access records.
Case in point. A few weeks ago a law firm that I work with was wrongfully denied access to an order of protection file that had been served on their client. The Justice Court sent the law firm a letter stating that order of protection files are not public records. The firm contacted me to inquire and gather my thoughts. I explained that the Court’s letter was incorrect, and quickly pointed them to Rule 123 (d)(3), which is the section that deals with protective orders (yes, I have this committed to memory).
I went to the Justice Court to file a new request for the same protective order. Upon doing so, I too was denied access. Fortunately, I had drafted a letter explaining Rule 123 (d)(3) and brought the letter with me because I had expected the denial response. Simply stated, ONCE a protective order has been served, the order and petition become a public record. The clerk and supervisor reviewed my letter and furnished the record as requested.
Knowing your state’s public records laws and applicable court rules will serve you well as a professional investigator or researcher.