Enforcement

The original public records act also provided for judicial review of the denial of access to public records. Found in 1 V.S.A. § 319, individuals denied access by an agency may petition the Civil Division of the Superior Court to review the agency’s actions. The language in the section was first amended by Act 59 of 2011 (H.73). Prior to 2011, if a court overturned an agency’s decision to deny access, the court had the option of ordering the agency to pay attorney fees and other litigation costs. Act 59 removed this option and instead, under 1 V.S.A. § 320, mandates that courts award attorney fees if a complainant substantially prevailed against an agency