Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 99-02

BEFORE THE STATE RECORDS COMMITTEE OF THE
STATE OF UTAH

CHARLES WATKINS, Appellant, vs.
UTAH DEPARTMENT OF CORRECTIONS, Appellee

Case #99-02

DECISION AND ORDER

Appellant Charles Watkins sought an order of the Committee requiring Appellee to supply all mental health records Appellee held regarding Appellant from January 1990 to September 12, 1998.

Appellee had reviewed the records and classified approximately 70% of them "Private," thereupon releasing that 70% to Appellant. The remaining portion was classified "controlled" under Utah Code Ann. 63-2-303 on the ground this classification satisfied the standard set forth in 63-2-303. Appellee thereafter appealed the classification of this portion as "controlled" to the State Records Committee.

The appeal was heard by the Records Committee on March 16, 1999 by telephonic conference to the prison. Appellant appeared in his own behalf, and presented testimony and argument. Appellee was represented by Ed Kingsford, and presented testimony and argument. Both parties had presented written documentation in advance of the hearing. The State Records Committee, having reviewed the written materials submitted by the parties and having heard the testimony and argument of the parties, now issues the following decision and order:

STATEMENT OF REASONS FOR DECISION

The Appeal is denied on the ground that the records classified "controlled" do meet the standard set forth in Section 63-2-303. A relevant consideration is that under the Labrum doctrine an inmate would be allowed access to any "controlled" documents used in legal proceedings involving him, and therefore his civil rights are protected.

ORDER

WHEREFORE, it is ordered that Appellant Watkins's request for the indicated records is denied.

RIGHT TO APPEAL

The terms of this section titled "Right to Appeal" are required by statute to be included in the Order. Either party may appeal this Decision and Order to District Court. The petition for review must be filed no later than thirty (30) days after the date of this Order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-404 and 63-2-502(7). The Court is required to make its decision de novo. In order to protect rights of appeal, a party may wish to seek advice from an attorney.

Entered this 18th day of March, 1999.

Betsy L. Ross, Chair
State Records Committee