May a governmental entity refuse to disclose administrative investigative reports prepared in anticipation of litigation at the direction of its attorney?
Yes. The Idaho Supreme Court, however, recognized that if the report is merely summarized information that is available in other disclosed public records; it may not be protected from disclosure. If, on the other hand, the record contains information regarding personnel information exempt under Idaho law, or is compiled at the direction of the agency’s attorney in anticipation of litigation, the entire record may be exempt from disclosure.
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