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AM. CIV. LIBERTIES v. DEPT. CHILD SAFETY

No. CV-20-0030-PR.

493 P.3d 885 (2021)

AMERICAN CIVIL LIBERTIES UNION OF ARIZONA, Plaintiff/Appellee, v. ARIZONA DEPARTMENT OF CHILD SAFETY, Defendant/Appellant.

Supreme Court of Arizona.

Filed August 25, 2021.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Tom Jose (argued), Assistant Attorney General, Mesa, Attorneys for Arizona Department of Child Safety.

D. Andrew Gaona (argued), Keith Beauchamp , Roopali H. Desai , Coppersmith Brockelman PLC, Phoenix, Attorneys for American Civil Liberties Union of Arizona.

Jonathan Riches , Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, Phoenix; Daniel J. Adelman , Arizona Center for Law in the Public Interest, Phoenix; Rose Daly-Rooney , Arizona Center for Disability Law, Tucson, Attorneys for Amici Curiae Arizona Center for Law in the Public Interest, Goldwater Institute, and Arizona Center for Disability Law.

Daniel C. Barr , Karl J. Worsham , Perkins Coie LLP, Phoenix, Attorneys for Amicus Curiae First Amendment Coalition of Arizona.

JUSTICE BEENE authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICE BOLICK joined.

¶1 Under A.R.S. § 39-121.02(B), a trial court may award attorney fees and legal costs to a party seeking public records if the court determines the party has "substantially prevailed" in the litigation. We are asked to determine what constitutes "substantially...

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