Archuleta v. Roane.

2024 CO 74. No. 23SC70. Government—Public Records—Colorado Open Records Act—Public Records Open to Inspection—Production and Exemption From Production of Records—Civil Procedure—Colorado Rules of Civil Procedure—Disclosure and Discovery.

December 9, 2024

In this case, the supreme court addressed whether a public entity may deny inspection of public records because the requestor is in litigation with the public entity and the records are related to the ongoing litigation. The court concluded that nothing in the Colorado Open Records Act (CORA) permits a public entity to deny inspection of documents simply because the requestor is litigating against the public entity. The Colorado Rules of Civil Procedure also do not prohibit a litigant from using CORA to inspect public records. Therefore, Roane’s status as a litigant should not have prevented him from obtaining records under CORA.