State News
Email
Print
Bill may clear access to public records
Agencies that illegally bar papers would pay resulting legal fees
ADVERTISEMENT
Published: May 31, 2008
RALEIGH
Government agencies would be required to pay North Carolina citizens' lawyer bills when they illegally deny access to public records, under a legislative proposal the sponsor says was spurred by several recent newspaper lawsuits.
The bill, introduced by Sen. David Hoyle, D-Gaston, would make sure that citizens and groups receive money to cover their legal costs when they sue for access to public records under the state's open records law.
Hoyle, a longtime proponent of open-government laws, said that the bill would make government agencies think twice about denying access to public records.
"I think this may cause them to pause and say, ‘Wait, why did I want this, and if I happen to lose in this situation, it could cost me some money,'" Hoyle said. "I think you'll see less litigation."
Many government organizations have opposed similar proposals in the past, citing fears that they will be hit with big legal bills for unintentionally blocking access to public records.
Current state law leaves legal fee awards up to a judge's discretion. That means courts can decide to award no money or part of the victors' legal bills if it decides that the agency had "substantial justification in denying access" or finds circumstances that would make awards "unjust."
The bill would make payment of "reasonable" legal fees, as determined by a judge, mandatory, Hoyle said.
The N.C. Association of County Commissioners is inclined to support leaving the award decision up to a judge to prevent local governments from getting socked with hefty bills for unintentionally violating the law, spokesman Todd McGee said.
"Sometimes it could just be a situation where it could be an honest mistake or a lack of a person's understanding of the rules," McGee said.
But John Bussian, a lawyer and lobbyist for the N.C. Press Association, said that the prospect of paying large legal bills sometimes dissuades people from challenging access denials -- even when they know the record they're requesting is a public record.
Bussian said he backs Hoyle's proposal because it will help ensure government openness.
"If a citizen or a member of the press has to wonder are they going to be able to recover what they invest to get the government to do what it's supposed to do, a lot of times the choice may be, ‘We'll have to let this one go,'" he said.
"If they forego a lawsuit, well then, the government goes scot-free," he said.
The bill also would create the Open Government Unit as a wing under the attorney general's office. The unit would function as a "sunshine" office, charged with issuing nonbinding opinions about open-records disputes before they entered the courtroom.
Hoyle said he was prompted to propose legislation after a number of newspapers -- including the Outer Banks Sentinel -- endured protracted legal proceedings to access public records.
Email
Print
