In a decisive legal outcome for Cochise County, the Arizona Court of Appeals, Division Two has upheld the dismissal of a public records lawsuit against county officials. The ruling, announced on Thursday, marks the end of a challenge to the county's denial of a public records request from 2021.
David Morgan, the requester in the case, found his claim dismissed as time-barred. The appellate judges determined that Cochise County had adequately responded to his request back in May 2021, stating that they didn't possess the records sought, thus setting the clock ticking on the one-year statute of limitations. Despite further communications from Mr. Morgan, the court ruled these did not alter his original deadline to file a legal claim. In a statement obtained by Cochise County's press release, County Attorney Lori Zucco lauded the decision, saying, "We appreciate the Court’s thorough review and its confirmation that our office acted appropriately, professionally, and in accordance with Arizona law."
The court's memorandum substantiated that the county's reply was not only clear but complied with legal requirements. By stating that it was not the custodian of the records and closing the request, the county triggered the statute of limitations. This ruling therefore, reinforces Cochise County's approach to public records requests and underlines its commitment to transparency within the constraints of the law.
Cochise County's defense was led by Chief Civil Deputy County Attorney Paul Correa and Civil Deputy County Attorney Dylan Hendel. While the court did not grant the Cochise County's request for sanctions and attorney fees, it sided entirely with their legal stance. Barring an unlikely review by the Arizona Supreme Court, this judgment brings to a close the litigation surrounding the case and affirms the county's application of public records statutes.
The details concerning public records requests and the Civic Division's role in legal matters for the county can be found on the Cochise County Attorney's Office page, for those interested in the procedures and regulations governing such requests. The division handles a variety of civil issues, including but not limited to, land use, code enforcement, and public health matters.
