Arpaio v. Davis

• Decision Date: 02 June 2009
• Docket Number: No. 1 CA-SA 09-0015.,1 CA-SA 09-0015.
• Citation: 221 Ariz. 116,210 P.3d 1287
• Parties: Joseph M. ARPAIO, Petitioner, v. The Honorable Norman J. DAVIS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Barbara Mundell and Marcus Reinkensmeyer, Real Parties in Interest.
• Court: Arizona Court of Appeals

210 P.3d 1287

221 Ariz. 116

Joseph M. ARPAIO, Petitioner, v. The Honorable Norman J. DAVIS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge Barbara Mundell and Marcus Reinkensmeyer, Real Parties in Interest.

No. 1 CA-SA 09-0015.

Court of Appeals of Arizona, Division 1, Department D.

June 2, 2009.

Sanders & Parks PC By James Arthur Eaves, Phoenix, Attorneys for Petitioner.

Terry Goddard, Arizona Attorney General By Paula S. Bickett, Assistant Attorney General, Rex C. Nowlan, Assistant Attorney General, Phoenix, Attorneys for Respondent/Real Parties in Interest.

OROZCO, Judge.

¶ 1 Maricopa County Sheriff Joseph M. Arpaio (the Sheriff) challenges the denial of judicial records requests he made to Maricopa County Court Administrator Marcus Reinkensmeyer (Reinkensmeyer). We conclude that Reinkensmeyer properly denied the request pursuant to Rule 123(f)(4)(A)(i) and (ii) of the Arizona Supreme Court.

¶ 2 The Sheriff requested thousands of random, unidentified electronic messages (e-mails) and documents, without regard to subject matter, sent to or from certain individuals, within a range of dates. The request contained no other limiting criteria. A full response to such a request would have required an extraordinary expenditure of resources not only to identify the material falling under the request, but even more time to isolate and exclude e-mails and documents falling within the request that contained attorney and judicial work product. Such an untargeted review would seriously impede the court's performance of its core functions with no discernable public benefit. Rule 123 specifically addresses such requests, and we therefore deny the Sheriff's request for relief.

FACTS AND PROCEDURAL HISTORY

¶ 3 This special action arises from judicial records requests submitted to Reinkensmeyer from Maricopa County Sheriff's Office Captain Paul Chagolla (Chagolla) on behalf of the Sheriff.

¶ 4 Chagolla initially sent two judicial records requests to Reinkensmeyer pursuant to the Arizona Public Records Law, Arizona Revised Statutes (A.R.S.) sections 39-121 (2001) through -121.03 (2001). The first request was a letter to Reinkensmeyer dated December 7, 2007 asking for all e-mails, memoranda, notes and letters sent to or from Maricopa County Superior Court Presiding Judge Barbara Rodriguez Mundell (Judge Mundell), the Adult Probation Administrator Barbara Broderick (Broderick), Maricopa County Superior Court employee and special court counsel Jessica Funkhouser (Funkhouser), and all e-mails to or from the administrative assistants assigned to the named individuals for the period of time from November 1, 2007, through December 7, 2007.

¶ 5 Ten days later, Chagolla sent another similar request to Reinkensmeyer, requesting he make available all e-mails received by or sent from Reinkensmeyer himself or on his behalf by his administrative assistant(s) for the period of time from November 1, 2007 through December 17, 2007. Chagolla requested that all records be provided by December 21, 2007.

¶ 6 On December 18, 2007, Funkhouser sent Chagolla an email confirming receipt of his request. She notified Chagolla that the court would begin processing his request, but would not be able to complete it by the December 21st deadline. She also notified him that a more specific request identifying the topic or topics of interest would facilitate a quicker response. Chagolla replied to Funkhouser's e-mail four hours later and asked again for all the records he had previously requested, a log identifying any withheld records and also asked that he be provided any records immediately available.

¶ 7 In a letter dated January 10, 2008, Reinkensmeyer notified Chagolla that the requests were incorrectly submitted pursuant to the Arizona Public Records Law. He stated that the request should have been submitted pursuant to Rule 123 and that Chagolla's previous requests did not comply with the Rule. Reinkensmeyer attached a copy of Rule 123 and asked that Chagolla comply with the Rule if he made any further requests.

¶ 8 Chagolla responded by submitting a request five days later, purportedly pursuant to Rule 123, requesting the same records as the previous requests and additionally requesting records generated by Presiding Criminal Judge Anna M. Baca (Judge Baca) and her administrative assistants. Chagolla requested a response by January 31, 2008, or a written explanation of why the request was being denied or could not be honored by that date.

¶ 9 In a letter dated January 31, 2008, Reinkensmeyer denied the last request. In explaining the denial, Reinkensmeyer cited the lack of specificity in the request and stated that compliance with the request would create an undue financial burden on court operations and substantially interfere with the operations of the court, justifying denial under Rule 123(f)(1) and 123(f)(4)(A). Reinkensmeyer further noted that the vast majority of requested documents were judicial work product or administrative records, which are not subject to public inspection pursuant to Rules 123(d)(3) and 123(e). Reinkensmeyer again offered to meet with Chagolla to explore alternatives that would allow access to records.

¶ 10 More than two months later, on April 17, 2008, Chagolla sent a letter to Reinkensmeyer requesting any documentation that could be provided under his previous request, along with a log identifying any withheld records and the reason why they were withheld. Chagolla asked Reinkensmeyer to produce this information by May 1, 2008. Reinkensmeyer responded in a letter dated April 22, 2008 and again denied the requests based on Rule 123(f)(4)(A), saying it would require judges, administrators and staff to review over 16,000 e-mails. Reinkensmeyer again asked Chagolla to specify the topic or topics covered by his request and offered to meet to discuss the request.

¶ 11 Over seven months later, on December 5, 2008, in a telephone conversation, Maricopa County Sheriff's Office Chief Deputy David Hendershott (Hendershott) relayed to Reinkensmeyer that, due to the assignment of retired Judge Kenneth Fields (Judge Fields) to hear a case filed against County Supervisor Don Stapley (Supervisor Stapley) in an unrelated matter, Hendershott needed a response to the records request no later than December 8, 2008, or a lawsuit would be filed. In a letter dated December 11, 2008, the Maricopa County Deputy Court Administrator and General Counsel Karen Westover (Westover) again denied the request, saying it was inappropriate because it appeared to be not only in retaliation for the assignment of Judge Fields but also an improper ex parte contact with the court in an effort to remove Judge Fields from Supervisor Stapley's matter. Westover advised Hendershott that Reinkensmeyer remained willing to meet with him in an effort to focus the request for records.

¶ 12 On December 15, 2008, the Sheriff filed a formal Request for Administrative Review with the court pursuant to Rule 123(f)(5)(A). That review was conducted by Associate Presiding Judge Norman Davis (Judge Davis), whom Funkhouser provided with hard copies of certain e-mails and letters called for by the request. Judge Davis was also provided CDs containing other requested e-mails and was given access to the offices of other named assistants in order to review original copies of requested letters, memoranda and notes too voluminous to copy.

¶ 13 After reviewing some of the records in camera, Judge Davis observed that the request for administrative review was untimely and could be rejected for that reason alone, but nonetheless conducted a review on the merit's and upheld the denial of the judicial records request. The Sheriff filed this petition for special action review pursuant to Supreme Court of Arizona Rule 123(f)(5)(B). We have jurisdiction pursuant to A.R.S. § 12-120.21.A.4 (2003) and Rule 123(f)(5)(B).

DISCUSSION

¶ 14 The Sheriff argues Reinkensmeyer violated the substance of the Public Records Law in denying his judicial records request pursuant to Rule 123; Judge Davis' administrative review of the judicial records request was inconsistent with the principles of governmental checks and balances; and the request for administrative review was timely. We review each of these issues in turn.

I. Rule 123 versus Arizona Public Records Law

¶ 15 We review de novo the issue of law whether a custodian's denial of access to public records was wrongful. Scottsdale Unified Sch. Dist. No. 48 v. KPNX Broadcasting Co., 191 Ariz. 297, 302, ¶ 20, 955 P.2d 534, 539 (1998). We also defer to any findings of fact by the trial court. W. Valley View, Inc. v. Maricopa County Sheriff's Office, 216 Ariz. 225, 227, ¶ 7, 165 P.3d 203, 205 (App.2007).

¶ 16 The Sheriff initially argues that the trial court's reliance on Rule 123 directly conflicts with the clear and unambiguous language of A.R.S. § 39-121,¹ making it impossible to harmonize the rule with the statute. See State v. Hansen, 215 Ariz. 287 289, ¶ 7, 160 P.3d 166, 168 (2007) (holding whenever possible, rules and statutes' should be harmonized and read in conjunction with each other). The Sheriff further argues that the court's use of Rule 123 in this fashion conflicts with the substantive presumption under the Arizona Public Records Law that the requested records are "public records" and thus subject to prompt disclosure upon request.²

¶ 17 Arizona's constitution provides that "[t]he Supreme Court shall have administrative supervision over all the courts of the State." Ariz. Const., art. 6, § 3. This administrative power "is a function of its responsibility to administer an integrated judiciary." Scheehle v. Justices of the Ariz. Supreme Court, 211 Ariz. 282, 289, ¶ 27, 120 P.3d 1092, 1100 (2005). The Supreme Court fulfills its administrative responsibilities by promulgating rules. Id. at ¶ 23, 120 P.3d at 1099. "Such rules are valid even if they are not...