Access to Governors' Records: State Statutes and the Use of Executive Privilege

Abstract

This study looks at open records laws in all fifty states to determine where governors' records are open. The study also examines state appellate case law regarding access to records and governors' use of executive privilege. Reasons behind the executive privilege theory and the advantages and disadvantages for the public are explored. Recent cases in California, Alaska, and Virginia indicate a change in the type of material governors seek to protect using executive privilege. State courts have protected factual material such as appointment files, schedules, and phone bills, rather than just deliberative material.