AGENT OF A PUBLIC ENTITY SUBJECT TO OPEN RECORDS LAW

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August 25, 2017


The UND School of Law received a request for records relating to the Moot Court Association’s 2017 Carrigan Cup competition. The Law School denied the request, claiming the Association was not subject to the open records laws because it was a student association.

The Law school is subject to the open records laws. The application of the law is not limited to the public entity but also applies to records in the possession of its agent. The Moot Court Association receives its funding directly from the Law School, it administers three courses for which the students receive credit, and a law school professor acts as an advisor to the Association, teaches the classroom component to several of the courses, and enters the grades for the participants. The Association is acting as an agent of the Law School and is subject to the open records laws.

The Law School violated the law when it denied a request for Moot Court Association records. The records have since been provided.  2017-O-07

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