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Delaware Department of Justice
Attorney General
Kathy Jennings


Attorney General's Opinions




95-IB02 RE: Freedom of Information Act Complaint 29 Del. C.§ 10005(e) Court on the Judiciary

Date Posted: Tuesday, January 24th, 1995

The Complainant alleged that the Court on the Judiciary improperly refused to allow him to review the record and non-sworn testimony of a case. Held: the deliberations of courts are not public meetings pursuant to 29 Del. C. 10004(h)(4) and the requested records from such deliberations are not public records that can be reviewed.

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95-IB04: RE: Freedom of Information Act Complaint 29 Del. C. §10005(e)

Date Posted: Monday, January 23rd, 1995

The Complainant alleged that Woodbridge School District was holding meetings in violation of Delaware’s Open Meeting Law. The District would hold breakfast meetings attended by the Board, district administrative staff and invitees and discuss “suggestions for betterment of the school system.” The District argued that public business was not conducted during these meetings and that the meetings did not meet the definition of “public meeting”. Held: A discussion of suggestions for betterment of the school system is considered public business. Because a quorum of the Board was present, the breakfast meetings should be considered public meetings within the meaning of the statute.

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95-IB01: RE: Freedom of Information Act Complaint 29 Del. C. § 10005(e)

Date Posted: Wednesday, January 18th, 1995

The Complainant alleged that the Board of Bar Examiners, an arm of the Delaware Supreme Court, improperly refused to provide him with statistics regarding petitions for admission for the Delaware Bar as well as a copy of each petition for admittance of the Delaware bar. Held: the Board of Bar Examiners is not a “public body” within the meaning of the Freedom of Information Act and is, thus, exempt from the requirements of FOIA.

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