Status of the Public Access Counselor Considered by the Supreme Court

Michael Einterz Jr. of Einterz & Einterz presented argument on behalf of ShepCo Commercial Finishes to the Indiana Supreme Court on January 26, 2012. 

In this case, Shepherd Prop. Co. v. Int'l Union of Painters & Allied Trades, the union filed an action under the Access to Public Records Act ("APRA") against the Metropolitan School District of Warren Township to compel disclosure of payroll records submitted by ShepCo Commercial Finishes, represented by Einterz & Einterz. ShepCo intervened in the action. The Marion Circuit Court ordered disclosure of the records and awarded attorneys fees in favor of the union and against the school district and contractor jointly and severally. ShepCo appealed the judgment and the Court of Appeals reversed on grounds the APRA does not authorize the award of attorney’s fees against the contractor. Shepherd Props. Co. v. Int’l Union of Painters and Allied Trades, Dist. Council 91, 950 N.E.2d 321 (Ind. Ct. App. 2011), on rehearing, 955 N.E.2d 208 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

An opinion is expected in 2012.


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