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LONDON v. BRODERICK

No. CV-03-0090-PR.

80 P.3d 769 (2003)

206 Ariz. 490

Frederic LONDON, a married man, Plaintiff-Appellant, v. Barbara BRODERICK, Chief Probation Officer; Vicki Biro, Division Director; Maricopa County Adult Probation Department, a State entity, Defendants-Appellees. Frederic London, a married man, Petitioner, v. The Honorable Colin F. Campbell, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Barbara Broderick, Chief Probation Officer; Vicki Biro, Division Director; Maricopa County Adult Probation Department, a State entity, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

December 11, 2003.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Michael M. Walker, Assistant Attorney General, Phoenix, Attorneys for Defendants-Appellees/Real Parties in Interest.

Ryan Woodrow & Rapp, PLC, by Martin A. Bihn and Donna M. McDaniel and Frank L. Migray, Phoenix, Attorneys for Plaintiff-Appellant/Petitioner.

OPINION

BERCH, Justice.

¶ 1 This case analyzes whether Arizona Supreme Court Rule 123, the court's "open records" provision, permits a probation department employee who faces disciplinary charges to obtain disclosure of the employer's investigatory file pertaining to those charges before the employee's pre-disciplinary interview. We conclude that while Rule 123 creates a presumption that court records are available for public viewing, the custodian...

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