public records; review standard

Plain English Breakdown

The official status indicates the bill was vetoed; it is unclear from the provided metadata whether lawmakers successfully overrode this veto.

SB1078: Changing How Courts Review Public Record Denials

This bill changes the law so that courts review public record denial cases from scratch instead of relying on previous decisions.

What This Bill Does

• Allows people to appeal a denied request for public records in superior court through a special action against the officer or public body.
• Lets victims involved in criminal cases appeal denials within their existing criminal case rather than starting a new one.
• Requires courts to award attorney fees and legal costs if the person seeking records substantially wins their case, without limiting rights under section 12-349.
• Creates a right for people to sue public bodies for damages resulting from being wrongfully denied access to records.
• Sets 'de novo' as the standard of review for questions of law, meaning judges decide these issues without deferring to previous rulings.

Who It Names or Affects

• People who request and are denied access to public records
• Victims involved in criminal cases seeking specific records
• Public officers or bodies that hold the requested records
• Superior courts handling appeals on record denials

Terms To Know

De novo review

A legal standard where a court reviews questions of law from the beginning without giving special weight to previous decisions.

Special action

A specific type of lawsuit used in superior court to challenge government actions or denials, which can be filed within an existing criminal case for victims.

Limits and Unknowns

• The bill was vetoed by the governor on April 13, 2026, so it did not become law unless lawmakers later overrode that veto.
• The text does not specify how much money a person can receive for damages if they win their case.

Official Summary Text

SB1078 - public records; review standard

Current Bill Text

SB1078 - 572R - S Ver

Senate Engrossed

public records;
review standard

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1078

AN
ACT

amending section 39-121.02, Arizona
Revised Statutes; relating to public records.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 39-121.02, Arizona Revised
Statutes, is amended to read:

START_STATUTE
39-121.02.

Action on denial of access; costs and attorney fees; damages; de
novo review

A. Any person who has requested to examine or copy
public records pursuant to this article and who has been denied access to or
the right to copy such records may appeal the denial through a special action
in the superior court pursuant to the rules of procedure for special actions
against the officer or public body.� If
a victim

the person
is
a victim who is
denied
access to a public record pursuant to this article in the course of a criminal
case in superior court, the victim may appeal the denial through a special
action within the criminal case.

B. The court may award attorney fees and other legal
costs that are reasonably incurred in any action under this article if the
person seeking public records has substantially prevailed.� This subsection
does not limit the rights of any party to recover attorney fees, expenses and
double damages pursuant to section 12-349.

C. Any person who is wrongfully denied access to
public records pursuant to this article has a cause of action against the
officer or public body for any damages resulting from the denial.

D. The standard of review for a
question of law that arises under this chapter, including whether any exception
to disclosure applies, is de novo.
END_STATUTE