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"R.C. 149.43 mandates full access to all public records upon request unless the requested records fall within one of the specified exemptions." Although Judge Dues conceded, "estate proceedings which include wrongful death filings do not fall within and of the statutory confidential exceptions," he justified his ruling to deny access to the records by stating he was authorized to "judicially create" an exception based on the circumstances of protecting the estate...
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It was later ruled that he is not authorized to create new exceptions.
(2) "The award of attorney fees under R.C. 149.43(C) is not mandatory." Basis: Judge Dues's decision was based on a good faith concern to protect the estate from unnecessary publicity.
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