Jones v. Professional Background Screening Assn Opinion

Appellee/Cross-Appellant Professional Background Screening Association, Inc. (“PBSA”), f/k/a National Association of Professional Background Screeners, filed this lawsuit on July 23, 2018, in the Circuit Court of Pulaski County, Arkansas. (RP 4). PBSA brought two claims.

First, PBSA alleged that Appellant/Cross-Appellee Jennifer Jones, who is the Clerk of the District Court of Benton County, Arkansas, Bentonville Division (“the Bentonville District Court”), has interpreted and applied Arkansas Supreme Court Administrative Order No. 19 (“AO 19”) to PBSA members who request court records to perform background checks in a manner that violates their right to access court records under the First Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, and other federal law. (RP 16-19).

Second, PBSA alleged that its members’ requests for court records are governed by the Arkansas Freedom of Information Act (“FOIA”), not AO 19. (RP 19-21). PBSA sought declaratory and injunctive relief along with costs and attorneys’ fees. (RP 18-21, 23-24).