How Long is a Reasonable Amount of Time?
Ohio Public Records Briefing – Issue #22
Everyone loves 22! We’re halfway through the -ber months, and solidly on our way to the holidays. Hope you’re enjoying this edition of the Public Records Briefing with a warm mug of coffee or hot cider.
Fun Fact
Let’s hear it in the back! Marsy's law does not create any public records exceptions.
Marsy’s law was added to the Ohio Constitution to secure certain rights for victims in the criminal and juvenile justice systems. (BTW it all started here). Even though Marsy’s law set up new protections for the privacy of victims, the public may still access certain documents involving victims if those documents are a public record.
How do we know? Well, we’re SMRT. But also, in 2020, the Ohio Supreme Court concluded that Marsy’s law did NOT exempt the records involving a victim in a criminal case that had been decided and was later a subject of a civil lawsuit. This means that once a criminal case is completed, the public may still access information about the victim as a public record unless it falls under another exception.
Many people are troubled by this (and we didn’t write the law) but it’s important to remember that, when criminal cases go to trial, all the evidence is heard in open court – where the public and press can be present. Trials are a public process. Not every country does this and it’s shameful when they don’t.
On to lighter topics…
