Supreme Court of Colorado

Debbie Benefield, State Representative Bernie Buescher, State Representative Morgan Carroll, State R — Rice, J…

June 30, 20142014 Colo. LEXIS 521

Summary

Chief Justice Rice dissents from the majority's interpretation of "prevailing applicant" under the Colorado Open Records Act. She would hold that the term incorporates a prevailing-party analysis requiring the applicant to prevail on a significant issue, such as obtaining access to a significant proportion of the requested records, before mandatory fees and costs are awarded. Justice Hobbs joined the dissent.