A new study published in the Joseph L. Brechner Freedom of Information Project’s Journal of Civic Information examines innovative ways of enforcing public record laws in Ohio, Pennsylvania and Connecticut.

The focus of the study, by Mitch McKenney of Kent State University, is on Ohio’s Court of Claims, which set up a streamlined system nearly 10 years ago where people denied records could pay $25 and have a judge mediate the dispute or make a binding ruling. The article, “Just $25 to file, no lawyer required: Assessing an alternative public record complaint procedure,” won the 2024 FOI Research Competition hosted by the National Freedom of Information Coalition and Brechner FOI Project.

McKenney found that 50-69% of rulings were in favor of the requester, and that people using the system were generally supportive. Many surveyed and interviewed by McKenney couldn’t figure out why other states haven’t started their own similar systems.

On top of that, McKenney compared the Ohio system to those in Pennsylvania and Connecticut, which also are relatively independent of the executive branch and have the ability to force agencies to cough up the records. He provides a helpful comparison chart and recommends states consider systems that pull the best from all three.

Journal of Civic Information Editor David Cuillier provides further commentary in an editor’s note, noting that more than 50 nations have incorporated independent commissions with the authority to compel government to hand over records, saving requesters and the government in costly and time-intensive litigation.

The research builds on that of Margaret Kwoka, an Ohio State University law professor who explored the benefits of such a system in Mexico, which handled roughly 18,000 appeals a year and ruled in favor of requesters 80% of the time. The commission was shut down this year by the new populist president’s regime.

Posted: November 24, 2025
Category: Brechner News
Tagged as: Brechner Center for Freedom of Information, FOI Research, Government Transparency