The culture of secrecy surrounding law enforcement records in Kansas is so deeply ingrained that more than two years after historic legislation opening probable cause affidavits to public inspection was passed, the affidavits remain extremely difficult to obtain in all but the most mundane cases.

This is not what was intended when, in 2014, Kansas became one of the last states in the country to make such affidavits public record.

Probable cause affidavits are required in the issuance of search warrants and arrest warrants. The affidavits provide the justification for the issuance of the warrants.

Kansas law was changed after a Leawood couple, whose home was raided by law enforcement, spent $25,000 trying to gain access to records that would show what prompted the search. The couple, Robert and Adlynn Harte, were never charged with any crimes. Eventually they learned they were targeted because their car had once been spotted at a hydroponic gardening store and because law enforcement officers sifting through the couple’s trash mistook tea leaves for marijuana.

During the 2014 session, state Rep. John Rubin authored the bill making affidavits public records. But in order to get the legislation passed, numerous exceptions were added that allow the courts to seal such affidavits to prevent the release of information that would jeopardize a witness, interfere with an investigation, reveal the identity of a minor or expose a confidential informant, among other things.

Judges have the option of redacting sensitive information before releasing the affidavit. But it has become more common for judges to just seal the affidavits entirely.

An example of this played out this week when District Judge James McCabria denied the Lawrence Journal-World’s request for access to the probable cause affidavit justifying the law enforcement search of McCarthy Hall in connection with the alleged rape in December of a 16-year-old girl in the apartment building of the University of Kansas men’s basketball team. The judge said releasing the document may damage the mental health of witnesses in the case.

The probable cause affidavit could have shed light on the incident at McCarthy Hall, an incident of significant public interest. The affidavit, even redacted, could have helped clarify what role, if any, KU basketball team members had in the episode. The public’s right to know could have been addressed.

This isn’t unique. Since the passage of the 2014 law, the Journal-World has sought access to such affidavits in numerous cases. More often than not, courts have responded by sealing the records. Instead of trying to comply with the spirit of the 2014 law, law enforcement, attorneys and judges have worked against it.

That’s not what the Legislature intended when the affidavits were made open in 2014. That’s not what the public deserves.