Kansas Statutes Annotated

K.S.A. § 45-222 (2026)

Civil remedies to enforce act; attorney fees

✓ current as of May 2026

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45-222. Civil remedies to enforce act; attorney fees. (a) The district court of any county in which public records are located shall have jurisdiction to enforce the purposes of this act with respect to such records, by injunction, mandamus, declaratory judgment or other appropriate order, in an action brought by any person, the attorney general or a county or district attorney. The district court may require a defendant to complete training approved by the attorney general concerning the requirements of the open records act.

(b) In any action hereunder, the court shall determine the matter de novo. The court on its own motion, or on motion of either party, may view the records in controversy in camera before reaching a decision.

(c) In any action hereunder, or under K.S.A. 45-251, and amendments thereto, the burden of proof shall be on the public agency to sustain its action.

(d) In any action hereunder, the court shall award costs and a reasonable sum as an attorney's fee for services rendered in such action, including proceedings on appeal, to be recovered and collected as part of the costs to the plaintiff if the court finds that the agency's denial of access to the public record was not in good faith and without a reasonable basis in fact or law. The award shall be assessed against the public agency that the court determines to be responsible for the violation.

(e) In any action hereunder in which the defendant is the prevailing party, the court shall award to the defendant costs and a reasonable sum as an attorney's fee for services rendered in such action, including proceedings on appeal, to be recovered and collected as part of the costs if the court finds that the plaintiff maintained the action not in good faith and without a reasonable basis in fact or law.

(f) In any action hereunder brought by the attorney general or a county or district attorney, if the court finds that any provisions were violated, such court:

(1) Except as provided in subsection (f)(2), may award the attorney general's or the county or district attorney's reasonable expenses, investigation costs and attorney fees; and

(2) shall award the same if the court determines that the violation was not made in good faith and without a reasonable basis in fact or law.

(g) Except as otherwise provided by law, proceedings arising under this section shall be assigned for hearing and trial at the earliest practicable date.

(h) The provisions of subsections (d) and (e) concerning the awarding of costs and attorney fees for services rendered during an appeal shall apply only to actions which are based on causes of action accruing on or after July 1, 2004.

History: L. 1984, ch. 187, § 8; L. 1984, ch. 282, § 6; L. 1990, ch. 190, § 1; L. 2000, ch. 156, § 4; L. 2004, ch. 151, § 2; L. 2015, ch. 68, § 11; July 1.

Notes of Decisions

Cited in 26 cases (5 in the last 5 years), 1985–2025 · leading case: Telegram Publ'g Co. v. Kansas Dep't of Transp., 69 P.3d 578 (Kan. 2003).

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Telegram Publ'g Co. v. Kansas Dep't of Transp., 69 P.3d 578 (Kan. 2003). · cites it 18× “60-211, not K.S.A. 45-222. See McShares Inc. v. Barry, 266 Kan.”

Hunter Health Clinic v. Wichita State Univ., 362 P.3d 10 (Kan. Ct. App. 2015). · cites it 13× “pursuant to K.S.A. 45-222.” Hunter also asked the district court to issue “[a] declaratory judgment that (1) the records sought.”

Willis v. Kansas High. Patrol, 41 P.3d 824 (Kan. 2002). · cites it 9× “45-221(a), which provides numerous specific exceptions to the disclosure of public records and states in subsection 10: “(a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose: (10) Criminal investigation records,…”

Baker v. Hayden, 490 P.3d 1164 (Kan. 2021). · cites it 3× “at 133 -34 (citing K.S.A. 45-222[c]). Those are the same questions this litigation should answer, but the majority brushes them aside.”

Wichita Eagle & Beacon Publ'g Co. v. Simmons, 50 P.3d 66 (Kan. 2002). · cites it 5× “The Secretary of Corrections maintains that he consistently denied the district court had jurisdiction because the Department of Corrections does not maintain in its possession a centralized file or record containing a list of identifiable offenders who have been charged with…”

Unruh v. Purina Mills, LLC, 221 P.3d 1130 (Kan. 2009). · cites it 2× “) K.S.A.2008 Supp. 45-222(c). Furthermore, the very language of the KCPA distinguishes between attorney fees for plaintiff consumers and attorney fees for defendant suppliers.”

Data Tree, LLC v. Meek, 109 P.3d 1226 (Kan. 2005). · cites it 5× “*466 We note that K.S.A. 45-222 was amended in 2004; see K.”

Cypress Media, Inc. v. City of Overland Park, 997 P.2d 681 (Kan. 2000). · cites it 2× “As for the argument that a line-by-line logging process is too burdensome, that is a matter for the discretion of the trial court as it decides how to determine if privileges apply.”

Gannon v. State, 319 P.3d 1196 (Kan. 2014). “In support of the plaintiffs’ fee claim, they merely argue that the State has repeatedly failed to comply with its constitutional duty to fund education and will continue to do so unless sanctions are imposed. It cites the State’s failure to consider the actual costs of funding…”

Harris Enter., Inc. v. Moore, 734 P.2d 1083 (Kan. 1987). · cites it 2× “It states: “(a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose: “(10) Criminal investigation records, except that the district court, in an action brought pursuant to K.S.A. 45-222, and amendments thereto, may…”

State, Dep't of Soc. & Rehab. Servs. v. Pub. Emp. Relations Bd. of the Kansas Dep't of Human Resources, 815 P.2d 66 (Kan. 1991). “K.S.A. 1990 Supp. 45-222. Any action to enforce the Act in the court is determined de novo.”

Baker v. Hayden, 419 P.3d 31 (Kan. Ct. App. 2018). · cites it 2× “K.S.A. 2017 Supp. 45-222(d) provides: "In any action hereunder, the court shall award costs and a reasonable sum as an attorney's fee for services rendered in such action, including proceedings on appeal, to be recovered and collected as part of the costs to the plaintiff if the…”

Show all 26 citing cases →

— K.S.A. § 45-222(a) — 9 cases

Hunter Health Clinic v. Wichita State Univ., 362 P.3d 10 (Kan. Ct. App. 2015). “pursuant to K.S.A. 45-222.” Hunter also asked the district court to issue “[a] declaratory judgment that (1) the records sought.”

Wichita Eagle & Beacon Publ'g Co. v. Simmons, 50 P.3d 66 (Kan. 2002). “The Secretary of Corrections maintains that he consistently denied the district court had jurisdiction because the Department of Corrections does not maintain in its possession a centralized file or record containing a list of identifiable offenders who have been charged with…”

Willis v. Kansas High. Patrol, 41 P.3d 824 (Kan. 2002). “45-221(a), which provides numerous specific exceptions to the disclosure of public records and states in subsection 10: “(a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose: (10) Criminal investigation records,…”

Baker v. Hayden, 490 P.3d 1164 (Kan. 2021). “at 133 -34 (citing K.S.A. 45-222[c]). Those are the same questions this litigation should answer, but the majority brushes them aside.”

In re Jordan, 518 P.3d 1203 (Kan. 2022).

— K.S.A. § 45-222(a)(1) — 1 case

Telegram Publ'g Co. v. Kansas Dep't of Transp., 49 P.3d 554 (Kan. Ct. App. 2002).

— K.S.A. § 45-222(b) — 3 cases

Zesiger (D. Kan. 2025).

Baker v. Hayden (Kan. Ct. App. 2020).

— K.S.A. § 45-222(c) — 9 cases

Telegram Publ'g Co. v. Kansas Dep't of Transp., 69 P.3d 578 (Kan. 2003). “60-211, not K.S.A. 45-222. See McShares Inc. v. Barry, 266 Kan.”

Unruh v. Purina Mills, LLC, 221 P.3d 1130 (Kan. 2009). “) K.S.A.2008 Supp. 45-222(c). Furthermore, the very language of the KCPA distinguishes between attorney fees for plaintiff consumers and attorney fees for defendant suppliers.”

Data Tree, LLC v. Meek, 109 P.3d 1226 (Kan. 2005). “*466 We note that K.S.A. 45-222 was amended in 2004; see K.”

Cypress Media, Inc. v. City of Overland Park, 997 P.2d 681 (Kan. 2000). “As for the argument that a line-by-line logging process is too burdensome, that is a matter for the discretion of the trial court as it decides how to determine if privileges apply.”

— K.S.A. § 45-222(d) — 4 cases

Baker v. Hayden, 490 P.3d 1164 (Kan. 2021). “at 133 -34 (citing K.S.A. 45-222[c]). Those are the same questions this litigation should answer, but the majority brushes them aside.”

Baker v. Hayden, 419 P.3d 31 (Kan. Ct. App. 2018). “K.S.A. 2017 Supp. 45-222(d) provides: "In any action hereunder, the court shall award costs and a reasonable sum as an attorney's fee for services rendered in such action, including proceedings on appeal, to be recovered and collected as part of the costs to the plaintiff if the…”

Clark v. Unified Sch. Dist. No. 287, 416 P.3d 1032 (Kan. Ct. App. 2018).

Hammet v. Schwab, 518 P.3d 48 (Kan. Ct. App. 2022).

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