The Indiana Publisher

March 2021 Page 3 The Nina Mason Pulliam Environmental Journalism Award was created through a grant by the Pulliam Trust to the Hoosier State Press Association Foundation to recognize Indiana journalists for outstanding reporting on environ- mental issues. The award was part of the HSPA Better Newspaper Contest for the first time in 2018. The 2021 recipient will be honored this spring along with the other BNC award winners. Nina Mason Pulliam Charitable Trust $1,000 Environmental Journalism Award Hoosier State Press Association Foundation Deanna Watson Lafayette Journal & Courier In a rare 2-2 decision, the Indiana Supreme Court on Feb. 25 affirmed the orders issued by Marion Circuit Court Judge Sheryl Lynch requiring the Indiana Department of Correction to pro- duce public records related to sub- stances used in Indiana to carry out executions by lethal injection. The records were sought by Katherine Toomey in 2014 pursu- ant to the Indiana Access to Public Records Act. The Department of Correction denied Toomey's requests, which led to the filing of a lawsuit in Indianapolis to enforce Toomey's public access rights. When the Supreme Court divides evenly in a case, Indiana's appellate rules deem the last court's decision affirmed. In this case, that was Judge Lynch's set of orders granting Toomey summary judg- ment, denying the Department of Correction's request to modify that judgment, and awarding Toomey legal fees incurred in bringing the lawsuit that led to the Supreme Court's ruling on Feb, 25. Judge Lynch initially granted summary judgment to Toomey in 2016, holding that the Department of Correction was required to produce its lethal injection public records under Indiana's pub- lic records statute. The Indiana General Assembly later amended the death penalty statute to make certain information related to lethal injections confidential. The Department of Correction argued that the new confidentiality statute required Judge Lynch to change her judgment and rule in favor of the Department. In rejecting this argument, Judge Lynch held the confidential- ity statute violated several basic state and federal constitutional principles. Among these, the court concluded the legislative branch's attempt to overturn a court judg- ment crossed the line of separation between the legislative and judicial branches. Judge Lynch also criti- cized the confidentiality statute for violating the Indiana Constitution's prohibition against "special" laws that single out only one or a few persons, or that include multiple unrelated subjects in one bill. Additionally, Judge Lynch held the Department of Correction failed to meet procedural burdens Split decision from Indiana Supreme Court enforces state's Access to Public Records Act Lower court ruling stands in Dept. of Correction v. Toomey "The Supreme Court's decision is a vindica- tion of Indiana's Access to Public Records Act. Ms. Toomey made her request for lethal injec- tion public records back in 2014. Pursuant to APRA, she should have received all the re- cords she requested." — Peter Racher attorney, Plews Shadley Racher & Braun See APRA, page 11

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