Public Access Records – FAQs

An “administrative record” means a record maintained for the purpose of managing the business or performing the duties of the Judicial Branch that is not otherwise excluded by Public Access to Information and Records Rule 2 (P.A.I.R.R.2).

In order for accurate tracking and timely response, all requests for records need to be submitted in writing. You may use this Request for Public Records Form. You must submit your written request to:

Records Clerk
Office of Attorney Regulation Counsel
1300 Broadway, Suite 500
Denver, CO 80203

Click here for the Request for Public Records Form.

Unless a written request specifies that the requestor wishes to obtain copies, the Office of Attorney Regulation Counsel will deem all written requests for administrative records as requests to inspect the records, rather than obtain copies. If the administrative records are readily available, the date and time for inspection will be set by the custodian. If the records are in use, in storage or otherwise not readily available, you will be advised of that fact as well as when the records will be made available. The Office of Attorney Regulation Counsel may deem a written request as one to obtain copies if a public inspection is not practicable.

P.A.I.R.R.2 provides that this office may impose a fee in response to a record request. Fees are as follows:

Specific fees include:

Copies, Scanned Images or Data Storage Device:

1. A fee of $ .25 per page ($.50 if double-sided) may be charged for a photocopy or scanned image of a record.
2. If a substantial request is made requiring the production of more than 20 pages of documents the requestor will be charged $.25 per page ($.50 if double-sided) for all documents photocopied, scanned or produced.
3. If the record is provided on a data storage device, the actual cost of the data storage device will also be charged.

Research, Retrieval, Redaction, Supervising Inspection:

If review or research, including redaction of documents, is required to provide the information requested, a fee may be assessed at the rate of $30.00 per hour to recoup the costs of the Office of Attorney Regulation Counsel’s employee time and resources.

Prior to responding to a request, the custodian will provide you with an estimate of the costs associated with responding to the request. The records will not be retrieved, redacted, copied or otherwise produced until payment of the cost estimate is received. If, after the records are gathered, redacted and/or copied/scanned, the estimate is too small, records will not be produced until the balance due is paid. If the estimate is greater than the actual cost of production, the overpayment will be returned at the time the records are produced.

No. The Office of Attorney Regulation Counsel does not charge a fee if your request is twenty (20) pages or less and takes less than an hour of staff time to compile.

P.A.I.R.R.2 acknowledges that there are real costs associated with the disclosure of administrative records, such as staff time to assemble, review and evaluate records for exempt information and copy costs. The Office of Attorney Regulation Counsel is authorized to recover those actual costs through fees.

P.A.I.R.R.2 recognizes many types of information that may, or must, remain closed to public inspection. For instance, security records, medical records, bank records or privileged information will not be disclosed.

P.A.I.R.R.2 also recognizes inspection of certain records may be prohibited by court order or court rule. Court rules provide that much of the information maintained by the Office of Attorney Regulation Counsel is confidential pursuant to that rule. See for example:

• C.R.C.P. 211.1, which limits access to information concerning admissions proceedings;
• C.R.C.P. 240, which limits access to information concerning unauthorized practice of law proceedings;
• C.R.C.P. 251.31, which limits access to information concerning attorney discipline and disability proceedings;
• C.R.C.P. 252.15, which limits access to information of client protection fund matters; and
• C.R.C.P. 250.8, which limits access of information concerning continuing legal and judicial education.

The Office of Attorney Regulation Counsel must maintain the confidentiality of those records that the Court has determined to be confidential. Records with mixed information may lawfully be closed to inspection. However, the custodian may review the records and decide if it is appropriate and practical to redact the confidential portion and release otherwise public information.

P.A.I.R.R.2 provides that you should receive a response to your request indicating whether the records are available within three (3) business days following the date of your request. In some cases, that time may be extended by seven (7) additional business days. If the records you requested are available, they will be provided within a reasonable time thereafter, subject to the establishment of any payment arrangements.

If the request for records is denied, P.A.I.R.R.2 prescribes certain remedies should you wish to pursue them.