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IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
UtahCowboy21 v Commonwealth of Redmont  FCR 31
I. PLAINTIFF'S POSITION
1. Criminal records are records held and owned by the government, not individuals. They are thus government records.
2. The Executive Standards Act does not forbid individuals from obtaining the criminal records of others.
3. The lack of a classification for criminal records under the Classification Act means that criminal records are unclassified and thus public.
II. DEFENDANT'S POSITION
1. To obtain the criminal record of an individual requires the consent of that individual.
2. The Executive Standards Act requires that DOJ handles criminal records, instead of the DOS. The plaintiff's request for the DOS to provide criminal records is thus unactionable.
3. The executive branch may exercise discretionary power to protect constitutional rights, which would include protecting the privacy of citizens and their criminal records
III. THE COURT OPINION
1. The Executive Standards Act is silent on whether or not citizens can access the criminal records of others. The court will not make inferences on what this Act intended to happen if a citizen requested another citizen's criminal record.
2. The Classification Act states that any government information not assigned a classification is to be considered "unclassified" and thus public. Furthermore, the same Act creates classifications on the basis of damage to government and national security. Criminal records can hardly be considered a threat to the government and national security. Since criminal records are created and maintained by the government for the public good, it is reasonable to consider such records to be government records, and thus subject to the Classification Act.
3. Freedom of information requests are handled by the DOS and criminal records are managed by the DOJ. Although a freedom of information request for criminal records would require the involvement and cooperation of both departments, such an effort can be considered within the bounds of a "reasonable attempt" in accordance with the Classification Act. The executive branch regularly has multiple departments work together. Inter-department cooperation is neither an undue burden nor particularly difficult. Therefore, it is reasonable to expect the DOS to make a "reasonable attempt" to work with the DOJ to provide criminal records for a freedom of information request.
1. I hereby rule in favor of the plaintiff.
2. The emergency injunction from the beginning of this case is now lifted.
3. I am ordering the following permanent injunction: when a person requests the criminal records of any person via a freedom of information request, the Commonwealth of Redmont is to make a "reasonable attempt" in accordance with the Classification Act to provide the requested criminal records. This "reasonable attempt" shall include any necessary cooperation between executive departments and offices.
4. I order the defendant to pay the plaintiff $650 in legal fees.
5. I order the State Department to make a "reasonable attempt" to provide the criminal record of wetc to the plaintiff, as the plaintiff had previously made such a freedom of information request. This "reasonable attempt" shall include any necessary cooperation between executive departments and offices.
The Federal Court thanks all involved.