Records pertaining to allegations of abuse, neglect and financial exploitation of Arizonans with developmental disabilities must be released by the stateβs welfare agency, a Maricopa County judge has ruled.
Judge Sally Duncan ruled in the Arizona Daily Starβs favor last Wednesday and ordered the Arizona Department of Economic Security to hand over the records.
Duncan also dismissed a motion to end the case.
βWe are grateful that Judge Duncan agreed the Star should have access to these records, which our reporters requested in May of 2020 to better understand how the state handles allegations of abuse, neglect and financial exploitation of Arizonans with developmental disabilities,β said Star Editor Jill Jorden Spitz.
The case centered on reporting by reporter Amy Silverman for the Star and ProPublica and her project βState of Denial,β which was published in 2020. Silverman and the Star have continued to seek public records related to the series.
While a spokesperson for the DES said the agency doesnβt comment on pending litigation, it is expected to appeal the ruling. The agency said it βcontinues to evaluate all options related to this matter.β
According to Gregg Leslie, the executive director of the First Amendment Clinic at ASU who helped represent the Star in court, agencies like the DES usually arenβt trying to obfuscate or road-block information when it comes to record requests. At least, not always.
βThis may reflect a lack of resources to devote to disclosure, or it may mean that the agencies do not want the public to know whether they are meeting the needs of the citizens they are there to protect,β he said.
However, itβs up to journalists to make sure the information comes out regardless.
βJournalists have always played a critical role as a watchdog on government operations, and the judge in this case recognized this and is allowing our clients to keep up this important work,β Leslie said.
