OAG 40-92.

• Case Date: October 24, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-92. 102OPINION NO. 40-92[20 Or. Op. Atty. Gen. 102]A county clerk is required to furnish reasonable opportunities for the inspection of public records in his custody and reasonable facilities for making abstracts therefrom; in his discretion he may allow such records to be taken into an adjoining hall or room for such purpose.October 24, 1940.Hon. Bruce Spaulding,District Attorney, Polk County. Dear Mr. Spaulding: By your letter bearing date October 14, 1940, you requested my opinion as to whether or not the county clerk can properly permit public records in his custody to be taken by persons who wish to inspect and make copies of them, outside the immediate office of the county clerk. It appears from your letter that in the instance mentioned such records are taken into the adjoining hall or county court room by employees of an abstract company for the purpose of inspecting and making copies of them. I note that you have advised the county clerk that he is acting within his authority in allowing such records to be taken out of his immediate office in the manner and for the purposes above mentioned. The records in the custody of the county court are public writings and every person has a right to inspect them for any lawful purpose under the statutes of this state. Section 9-601, Oregon Code 1930, provides:

"Every citizen of this state has a right to inspect any public writing of this state, except as otherwise expressly provided by this code or some other statute."

103Section 9-603, Oregon Code 1930, provides:

"All officers having the custody of any state, county, school, city, or town records in this state shall furnish proper and reasonable opportunities for the inspection and examination of the records and files in their respective offices, and reasonable facilities for making memoranda or abstracts therefrom, during the usual business hours, to all persons having occasion to make examination of them for any lawful purpose; provided, that the custodian of said records and files may make such reasonable rules and regulations as shall be necessary for the protection of said records and files, and to prevent the interference with the regular discharge of the duties of such officer."

The...