Missouri updates state Sunshine Laws
Published Sept. 19, 2006
The Attorney General's office recently published the newest version of the Missouri Sunshine Law booklet. The booklet is re-printed every two years to update any modifications made by the state legislature, the new attorney general's opinions about the law and the court decisions that relate to the law.
The Missouri Sunshine Law booklet states the state legislature has changed Sunshine Laws to make it easier for victims of certain crimes to access court records.
The law allows "a victim, or the parents or guardians of the victim, to obtain certain records in sex offense cases where the defendant pleaded guilty or was found guilty and received a suspended imposition of sentence for use in a separate judicial proceeding," the booklet states.
This change makes it possible for the victim or the guardian of a victim to use a guilty plea from a criminal case as evidence in a civil case, therefore making it easier for victims to receive compensation from the criminal.
The attorney general's opinions are also updated in the new booklet. In an opinion, "the attorney general interprets the law for people so they can understand what it is saying," said John Fougere, a spokesman for the attorney general's office.
In the most recent release of the booklet, there is only one new attorney general opinion. The opinion deals with clarifying that a task force appointed by a school district superintendent is subject to the Sunshine Laws.
This and other opinions are meant to make it easier for the public to comprehend how the Sunshine Laws affect their lives.
The final component of the changes to the Sunshine Laws is the recent court cases.
"The court cases are not a big deal," said Charles Davis, the executive director of the Freedom of Information Center and also an MU professor. "The new court cases are all very clear cut in this release of the booklet. There's nothing of super importance in this new booklet, but it's an important reminder. When this booklet is released, it's a reminder of how important this law is and how right this law is."
Besides the changes to the law, the Missouri Sunshine Law booklet contains frequently asked questions, previous attorney general opinions and court cases and the full text of the law — including the information needed to submit a Sunshine Law records request.
To receive records, one must submit the request to the custodian of records for the governmental body that the records are from. There is a sample records request available on the attorney general's Web site, though it is not required that a request be submitted in writing.
"There are two reasons to submit a request in writing," said Sandy Davidson, MU professor of journalism and law. "First, to have a date attached to the request, because under Missouri law, the custodian of records has three days to respond to your request. Second, it forces the requestor to write with some clarity what he or she wants."