Colorado Supreme Court Decision Alters the Litigation Landscape for School Districts

On December 9, 2024, the Colorado Supreme Court issued a landmark decision in Archuleta v. Roane (23SC70) that reshapes how school districts and other public entities navigate litigation.  

In a 5-2 ruling, with Justice Marquez and Justice Samour concurring in the result but not the reasoning, the Court overturned a long-standing convention that prevented litigants from using the Colorado Open Records Act (CORA) to bypass the Colorado Rules of Civil Procedure (CRCP). This decision has far-reaching implications for school districts, state agencies, and other public entities engaged in lawsuits with private parties. 

Key Implications of the Ruling 

The ruling places public entities at a distinct disadvantage during litigation. Under CORA, private parties can now obtain documents from public entities much earlier in the litigation process than would be possible under the CRCP. This shift creates an uneven playing field, as public entities must respond to CORA requests within tight deadlines, often incurring significant costs, while private parties remain bound by the more lenient discovery timelines outlined in the CRCP. 

Prior to this decision, litigants were required to adhere to CRCP discovery rules once litigation commenced. These rules, such as Rule 26(b)(1), are designed to manage discovery by ensuring requests are relevant, proportional, and not unduly burdensome. Rule 26 also limits parties to 20 requests for production of documents and allows 35 days to respond. 

In contrast, CORA mandates that public entities respond to records requests within three business days, with extensions granted only in limited circumstances. Furthermore, CORA places no restrictions on the scope, relevance, or frequency of requests. This allows private parties to inundate public entities with extensive and repeated demands for documents, creating a significant tactical advantage. 

Concerns Raised by the Justices 

The concurring opinion highlighted the troubling ramifications of the Court’s decision. Justice Marquez and Justice Samour underscored the inequity it introduces into litigation involving public entities. As noted in their opinion, the decision could transform CORA into a strategic tool for private litigants, enabling them to overwhelm public entities with a barrage of document requests – potentially even on the eve of trial. 

“What is particularly unsettling about today’s ruling,” the justices wrote, “is that it results in an uneven playing field in litigation for state agencies and local government agencies subject to CORA.” They further cautioned that the adverse impacts on public entities, including increased costs and resource strain, cannot be overstated. 

Looking Ahead 

The Archuleta v. Roane decision is a stark reminder of the complexities involved in litigation with public entities. For school districts, municipalities, and other government agencies, this ruling underscores the importance of revisiting document management and legal strategies to mitigate the potential burdens imposed by CORA requests. For private parties, the decision offers new opportunities to access information during litigation, but it also raises ethical considerations about the potential for discovery abuses. 

If your school district or organization is navigating litigation involving public entities or you are seeking to understand the implications of this decision, our legal team is here to help. Contact us to learn more about how this ruling may impact your case and how to strategically adapt to the changing legal landscape.