Supreme Court of Ohio Releases Decision Concerning Open Records and Executive Privilege

THE STATE EX REL. DANN v. TAFT.
[Cite as State ex rel. Dann v. Taft, __ Ohio St.3d ___, 2006-Ohio-1825.]
Public records—Executive privilege—Qualified gubernatorial-communications
privilege recognized—Procedure for invoking and overcoming privilege.
(No. 2005-1222 ─ Submitted November 9, 2005 ─ Decided April 13, 2006.)
IN MANDAMUS.
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SYLLABUS OF THE COURT
1. A governor of Ohio has a qualified gubernatorial-communications privilege
that protects communications to or from the governor when the
communications were made for the purpose of fostering informed and
sound gubernatorial deliberations, policymaking, and decisionmaking.
2. The qualified gubernatorial-communications privilege is overcome when a
requester demonstrates that the requester has a particularized need to
review the communications and that that need outweighs the public’s
interest in according confidentiality to communications made to or from
the governor.

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