“In sum, the superior court did not err in determining that [Phoenix Newspapers Inc, owner of the Arizona Republic] properly joined Cyber Ninjas, the custodian of audit records subject to the [Public Records Law], when it filed a statutory special action to compel disclosure of those records. As noted above, we understand the Senate has asked Cyber Ninjas to turn over to the Senate certain documents related to the audit. To the extent Cyber Ninjas fails to deliver to the Senate any audit documents requested by PNI, it must ‘promptly furnish’ those records directly to PNI.”
“As the superior court ordered, the Senate and Cyber Ninjas may confer about which public records in the possession, custody, or control of either party should be withheld based on a purported privilege or for any other legal reason. PNI requests attorneys’ fees and costs incurred in responding to the petition under A.R.S. §§ 39-121.02(B), and Ariz. R.P. Spec. Act. 4(g). Because PNI has substantially prevailed, we award it its reasonable costs and attorneys’ fees upon compliance with ARCAP 21 and Ariz. R.P. Spec. Act. 4(g)” says the order from the Arizona Court of Appeals.