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Delaware Department of Justice
Attorney General
Kathy Jennings

 Archived Posts From:  January 2007

07-IB01 Re: Freedom of Information Act Complaint Against Town of Milton

The Complainant, Senator Karen E. Peterson, asked whether the public record requirements of the Delaware Freedom of Information Act (“FOIA”), apply to the courts of the State of Delaware. Held: the General Assembly intended to exclude the judiciary from the application of FOIA. The language of FOIA demonstrates a legislative intent to respect the independence of the judiciary as a separate, co-equal branch of government and the judiciary’s right to control access to its records and proceedings by court rule.

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