GRIFFIS v. PINAL COUNTY

No. CV-06-0312-PR.

156 P.3d 418 (2007)

Stanley GRIFFIS, Plaintiff/Appellant, v. PINAL COUNTY, Defendant/Appellee, and Phoenix Newspapers, Inc., an Arizona corporation, Intervenor/Appellee.

Supreme Court of Arizona, En Banc.

April 25, 2007.


Attorney(s) appearing for the Case

Fennemore Craig PC by Timothy Berg, Janice Procter-Murphy, Theresa Dwyer, Phoenix, Attorneys for Stanley Griffis.

Robert Carter Olson, Pinal County Attorney by Chris M. Roll, Deputy County Attorney, Allen C. McVey, Deputy County Attorney, Florence, Attorneys for Pinal County.

Steptoe & Johnson LLP by David Jeremy Bodney, Peter S. Kozinets, Chris Moeser, Phoenix, Attorneys for Phoenix Newspapers, Inc.

Maynard Cronin Erickson Curran & Sparks PLC by Daniel D. Maynard, Douglas C. Erickson, Phoenix, and The Reporters Committee for Freedom of the Press by Lucy A. Dalglish, Loren A. Cochran, and Fletcher Heald & Hildreth PLC by Kevin M. Goldberg, and Newspaper Association of America by Rene P. Milam, Arlington, VA, and The Associated Press by David H. Tomlin, New York, NY, and Baker & Hostetler LLP by Bruce W. Sanford, Bruce D. Brown, Laurie A. Babinski, and Wiley Rein LLP by Kathleen A. Kirby, Washington, DC, Attorneys for Amici Curiae The Reporters Committee for Freedom of the Press, American Society of Newspaper Editors, The Associated Press, Newspaper Association of America, Society of Professional Journalists, and Radio and Television News Directors Association.


OPINION

McGREGOR, Chief Justice.

¶ 1 We granted review to consider whether purely personal e-mails generated or maintained on a government e-mail system are, as a matter of law, public records under Arizona's public records law, Arizona Revised Statutes (A.R.S.) sections 39-121 to 39-121.03 (2001 & Supp.2006).1 We hold that such e-mails do not necessarily qualify as public records. We further hold that when a

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