Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, June 14, 2006

Supreme Court of Ohio Orders Governor Taft to Turn Over Documents for Review

Here is the syllabus:

THE STATE OF OHIO EX REL. DANN v. TAFT, GOVERNOR.
[Cite as State ex rel. Dann v. Taft, ___ Ohio St.3d ___, 2006-Ohio-2947.]
Public records — Exemptions — R.C. 149.43(A)(1)(v) — Executive privilege —
Formal assertion by governor of qualified gubernatorial-communications
privilege to withhold from disclosure certain confidential communications
— Relator must show particularized need and explain why that need
outweighs qualified privilege — In camera review of records required to
determine whether need outweighs privilege — Governor ordered to
submit requested documents for review.
(No. 2005-1222 ─ Submitted June 7, 2006 ─ Decided June 13, 2006.)

The documents ("certain weekly reports that allegedly relate to the
Bureau of Workers’ Compensation and that were prepared by various
officials in the executive branch") now go to the Court:
"Accordingly, we order the governor to submit to this court for in
camera review the unredacted documents requested by Dann over
which the governor claims qualified gubernatorial-communications
privilege."

Later


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