specially concun’ing.
¶ 16 I agree with the majority’s analysis. I write separately because the majority merely mentions AR.S. § 39-121.02(A) in dicta in footnote 4, but that section is the clearest indication of legislative intent concerning an award of attorney fees and deserves further explanation.
¶ 17 Arpaio argues that the public records statutes “impose[ ] a duty, and any sanctions for failing to perform the duty, on the custodian of records only.” But the clear and unambiguous language of the statutes convey a legislative intent to impose attorney fees on persons other than the custodian. Section 39-121.02(A), A.R.S., states:
Any person who has requested to examine or copy public records pursuant to this article, and who has been denied access to or the right to copy such records, may appeal the denial through a special action in the superior court, pursuant to the rules of procedure for special actions against the officer or public body.
Rule 2(a)(1), Ariz. R.P. Spec. Actions, governs parties to special actions and states in part: “If any public body, tribunal, or officer is named as a defendant, the real party or parties in interest shall also be joined as *135defendants.” Subsection (b) of the rule states: “The court may direct that notice of the action be given to any person. It may allow other persons to intervene subject to the provisions of Rule 24 of the Rules of Civil Procedure; or may order them joinder as parties; or may allow them to participate amicus curiae.”
¶ 18 By providing that an action under the public records statutes may be brought “pursuant to the rules of procedure for special actions against the officer or public body,” the legislature expressed its desire that other parties, including the real party in interest, be brought into the action. Then, in § 39-121.01(B), the legislature states: “The court may award attorney fees and other legal costs that are reasonably incurred in any action under this article if the person seeking public records has substantially prevailed.” Because the legislature did not limit the court’s ability to award attorney fees against the custodian and because the legislature contemplated that other parties would be added to the action under the rules for special actions, it has clearly and unambiguously expressed its intent that attorney fees be awardable against other parties in the action in addition to the custodian.
¶ 19 At oral argument, Arpaio claimed that it was the custodian’s duty to disclose the records and only the custodian could deny disclosure. Therefore, he reasoned, only the custodian could be liable for the attorney fees. But Arpaio’s argument is not supported by the plain language of the statutes, which provide that other parties may be brought into the action and be subject to an award of fees.
¶ 20 Here, LaWall thought the records should have been disclosed. Arpaio objected to the disclosure of the records claiming they constituted protected attorney-client information. He insisted that LaWall would violate the ethical rules of conduct if she disclosed the records. Arpaio caused the litigation and § 39-121.02(B) allowed the trial court to award fees against him.6 Arpaio’s claims to the contrary are directly contradicted by the plain language of the statute.
. As the majority states, Arpaio waived any claim that this declaratory judgment action was not an "action under” the public records statutes by failing to make that argument below or in his briefs in this court. Supra, n. 2. I would not decide or further discuss the issue.