Date:
04/21/2022
Subject:
Chad Brewbaker/Iowa Attorney General - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Chad Brewbaker, Complainant And Concerning: Iowa Attorney General, Respondent |
Case Number: 22FC:0017 Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On March 9, 2022, Chad Brewbaker filed formal complaint 22FC:0017, alleging that the Iowa Attorney General violated Iowa Code chapter 22.
Mr. Brewbaker alleged that he requested “any Iowa Appellate Word document they had filed under the latest court formatting rules” during a March 9, 2022, telephone call with an unnamed staff member at the Iowa Attorney General’s office.
He added that he intended to make the document publicly available, allowing for public use of the Word formatting without the payment of Microsoft Word subscription fees.
Lynn Hicks, chief of staff for the Attorney General, replied to the complaint on March 11, 2022. He stated that it appears that Mr. Brewbaker requested the Word document templates to use in a current court appeal before the Iowa Supreme Court.
Mr. Hicks added that the Attorney General’s office does not possess Word templates that may be used by private litigants. The templates used by their office were specifically developed for use by the Attorney General’s office. Once a document is finalized, a PDF is then filed in court actions. Prior to this, the documents are considered either drafts, confidential under Iowa Code section 22.7(65), or attorney work product, confidential under Iowa Code section 22.7(4).
He added that the Iowa Judicial Branch maintains interactive court forms for use by private parties and provided a link: https://www.iowacourts.gov/for-the-public/court-forms/
In addition, Iowa Code section 22.2(3)(b) provides that a government is not required to permit access to or use of “data processing software developed by the government body or developed by a nongovernment body and used by a government body pursuant to a contractual relationship with the nongovernment body, as provided in section 22.3A.”
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 22FC:0017 is dismissed as without merit pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on April 21, 2022. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2022, to:
Chad Brewbaker
Lynn Hicks, chief of staff for the Attorney General of Iowa