Most days, being a good community newspaper is an exercise in neighborliness.
We like to find out about things people in the community have done, or are doing, that are interesting or to find the new businesses they have started. These are happy stories that help people feel connected to their neighbors.
When something tragic happens to someone in the community, we try when we can to bring that person’s life to light so it is not just a story of pain or statistics. These are not happy stories, but they also help people feel connected, and if they are done right they can help people mourn a loss or celebrate a legacy.
Sometimes, though, being a good community newspaper means sticking our necks out and risking what might become a costly fight over an important principle. That happened over the past two months.
The News-Topic found out in September that a civil lawsuit had been filed against the Caldwell County Board of Education and quickly settled. We wanted to tell you, the taxpayers of Caldwell County, who pay for the Caldwell County Schools, what it’s about and what the settlement was. But all sides in the lawsuit agreed to have the entire court file sealed by a judge.
Strictly speaking, this should almost never happen. State law in North Carolina presumes an overriding interest in the public knowing about the actions of their government agencies, including in court. On the topic of court settlements involving agencies and/or their employees and representatives, the law says this:
“Public records … shall include all settlement documents in any suit, administrative proceeding or arbitration instituted against any agency of North Carolina government or its subdivisions … in connection with or arising out of such agency’s official actions, duties or responsibilities, except in an action for medical malpractice against a hospital facility. No agency of North Carolina government or its subdivisions, nor any counsel, insurance company or other representative acting on behalf of such agency, shall approve, accept or enter into any settlement of any such suit, arbitration or proceeding if the settlement provides that its terms and conditions shall be confidential, except in an action for medical malpractice against a hospital facility.”
That’s as clear as it could possibly be.
The school system is not a hospital facility, so there would not seem to be any room under the law for sealing this lawsuit or settlement.
Yet this lawsuit and settlement were sealed.
The law allows for a judge to make a determination that there is an interest for secrecy that overrides the presumption that settlements involving a government agency should be public. But we were unable to know whether that was true because the judge also sealed his order saying why the entire court file should be sealed.
That seems counterintuitive to me.
Court orders do not exist solely for other judges to read; they are there also to explain why a particular court document or file is not available to the public as the vast majority of other court documents are. Our court system belongs to the public, and the presumption under the law is that the public has a right to know what is going on in the courts and why.
All anyone could tell from what was publicly available in this particular court file was that a child was involved. That makes it more serious and more urgent for the public to know about, not less. We think the public wants to know what happened in the county’s schools, what the level of responsibility of the Caldwell County Schools was and what it cost the taxpayers to make this lawsuit go away.
The N.C. Court of Appeals ruled just last year that the law allows a student’s name to be redacted from any documents made public but does not allow sealing the entire file.
And so the News-Topic went to work to get everyone to follow the law and unseal the file and settlement.
If you have ever hired a lawyer, you know that this cost us money. If you have ever run a business, you realize that this is an unexpected expense that was not in our budget.
But there is a clear public interest here, laid out plainly in the state law quoted above — and also, ironically, in the settlement. Once it was unsealed, we found a paragraph acknowledging that the settlement could not preclude the school board, “as a public agency,” from legal requirements to “disclose the substantive terms of, or produce a copy of, a public record, or to comply with Open Meeting Laws.”
The News-Topic’s efforts on this case began just before National Newspaper Week, when newspapers across the country try to remind their communities of the vital civic role played by news organizations.
There have been several national stories over the past year about that, including one on a study showing that in communities where the only newspaper closed, the cost of government increased in comparison to communities that still had a newspaper. When no one is watching, eventually people start cutting corners, and the cost to taxpayers goes up.
This court case is as good a reminder as you could have of the things newspapers do on behalf of the public. There is literally no one else in the courthouse every week looking at what is happening in both civil and criminal courts other than the clerks, lawyers and judges — all of whom have their own jobs to do and their own interests to pursue.
When someone asks why they should pay for a newspaper when there are websites that provide some of that information for free, this is yet another answer.
Newsroom With A View 