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State Ex Rel. Stephan v. Harder

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eBook details

  • Title: State Ex Rel. Stephan v. Harder
  • Author : Supreme Court of Kansas
  • Release Date : January 17, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

The opinion of the court was delivered by This is an appeal by the State on relation of the attorney general from the decision of the Shawnee District Court in a declaratory judgment action. The principal issue is whether the custodian of public records which contain some information made confidential by law is required upon request to disclose nonconfidential information contained therein, under the provisions of the Kansas public records inspection act, K.S.A. 45-201 et seq. (Ensley). The trial court, for various reasons, held that the statute does not require disclosure of the data. The attorney general disagrees with that determination; the defendant, Robert C. Harder, Secretary of Social and Rehabilitation Services, and the intervening defendant, the Kansas Medical Society, applaud the court's ruling. The requests which engendered this litigation were directed to the Secretary. He was asked to disclose the names of physicians and the amounts of public funds paid to each for abortions performed during a particular time period. Had the requests related to any other medical procedure, the legal issues would have been much the same, but public interest would not have been so acute. That interest, however, has no doubt been responsible for the excellent arguments, and the high quality of the briefs furnished by the parties and the amici curiae, for which we express our appreciation. There are a number of issues which we will state and discuss during the course of this opinion; a determination of the principal issue, however, will govern public officials in the disclosure or nondisclosure of a broad range of information in addition to the select data targeted here.


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