Utah Government Records Office asks lawmakers for help to handle increasing appeals

SALT LAKE CITY — The number of public records appeals being filed with the new Utah Government Records Office is increasing.

If that trend continues, the office warned in a report submitted to the Government Operations Interim Committee on Wednesday, additional staff and more time to conduct hearings and issue orders may be necessary.

According to the report, the new Government Records Office had 102 pending appeals when it started operating in mid-2025. That backlog had accumulated after lawmakers abolished the State Records Committee — and due to that committee lacking a quorum for some time before that.

In the year after taking over as government records director, Lonny Pehrson, Utah Government Records Office director, conducted 170 hearings and issued decisions on 276 appeals, while another 79 appeals were withdrawn or otherwise resolved. His office said average wait times for appeal hearings fell from 130 days to "well within the statutory guideline of 64 days."

During that same time, 309 new appeals were filed, the report stated, which was "a drastic increase over past years."

"Starting in December, which is just as we were beginning to make some progress on the backlog, we saw a very large number of new appeals being filed per month," Pehrson told lawmakers on Wednesday. "In fact, it shot up to almost double the average of the previous five months, and this has stayed well above average for the past six months. And it doesn't appear that it's going to slow down."

Pehrson attributed the recent uptick in appeals in part to artificial intelligence tools aiding people with preparing their arguments.

Asking for help

To deal with the increasing number of appeals, Pehrson asked lawmakers to consider making some changes, including allowing him to dismiss some appeals without a hearing in cases where a government entity says no records exist and the petitioner has failed to prove otherwise.

He said he would also like the authority to dismiss an appeal without a hearing if it becomes moot after the hearing is scheduled. Additionally, government entities should be required to file briefs with his office earlier before a hearing takes place, Pehrson said.

Pehrson did not bring up any additional requests during his presentation on Wednesday, but his written report did. It warned lawmakers that it may be necessary to eventually consider the "possibility of additional legal staffing to assist with substantive review and analysis of appeals and drafting of orders," and to "lengthen the statutory timeframes for conducting hearings and issuing orders."

Asked by KSL about those recommendations, Pehrson said he did not have specific proposals in mind, and they were not being formally requested "anytime soon."

Senator praises new office

Prior to mid-2025, the State Records Committee handled all appeals when a government entity declined to release public records.

But the Utah Legislature, led by Senate Majority Assistant Whip Mike McKell, R-Spanish Fork, voted to abolish the committee in favor of an office led by one person appointed by the governor.

During Wednesday's hearing, McKell praised Pehrson and his office's work so far.

"I'm really pleased with where we're at," McKell said.

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