But Esbrook's brief argues the advisory and university policies are not "relevant or binding" on Russell, who should find the university didn't violate the law. A trial was held Monday, and Russell is expected to rule soon.
Miller has issued numerous "sunshine advisories" since 2001 advising officials and citizens on open records and meetings laws, which are designed to improve government transparency.
Miller spokesman Geoff Greenwood defended the brief Tuesday, saying the advisory titled "No Secret Settlements" doesn't address the issue before the court. He said the office doesn't dispute that settlements are public, but is defending the university's decision to notify Chaloupka of the AP's request.
In a deposition last week, university general counsel Carroll Reasoner also defended the decision to continue withholding the settlement after the 2012 decision that it immediately be released. Asked what it means when a court orders the university to do something immediately, she answered, "You wait and see whether they're going to appeal."