From BlueRidgeNow.com (10/8/08): The candidates for the state House are Republican and Democrat, three challengers and an incumbent, with different life experiences.
As one might expect, they have differing views on the manychallenges North Carolina faces. But on one topic they are unequivocaland unanimous. They all agree the state ought to have a law toautomatically reimburse legal fees for those who win public recordslawsuits against state and local government.
A bill that wouldhave accomplished that, sponsored by Sen. David Hoyle, D-Gaston, passedoverwhelmingly in the Senate but was sidetracked in the House as thisyear’s session came to a close.
House Speaker Joe Hackney,D-Chapel Hill, said there was not enough time to give the bill a fullairing but he also has said he is not for automatic recovery. A part ofthe bill also would set up a unit in the Attorney General’s office tomediate disputes over public records, and Hackney is more supportive ofthat.
The candidates for the state House — Rep. Carolyn Justus,R-Dana, and Democrat Paul Goebel, in the 117th, and Republican DavidGuice and Democrat Tom Thomas in the 113th — have all told theTimes-News editorial board interviews that they would support the bill.
Thebill is supported by the state’s newspapers and broadcasters, notsurprisingly, but every North Carolinian who favors open government andaccountability should be for it too.
Public records fightsoften play out as a battle between the local newspaper and the citycouncil or county commissioners but this bill is needed for averagecitizens as much as for the press. Newspapers have money to paylawyers; private citizens often do not.
A Chatham Countyactivist, Gretchen Lothrop, won a lawsuit against the Elections Boardin that county. Yet a judge awarded her only one-tenth of the $35,000in legal fees the court case cost her.
Every state but North Carolina has either automatic recovery or criminal penalties for denying public records.
Theautomatic recovery bill won’t be the highest priority for legislatorswho will convene for the legislative session next year. That would bejobs and the economy. But public records and open government have neverbeen more important. At a time when trust in government has plunged toall-time lows, openness and accountability should be high on the listfor North Carolina’s leaders.