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RALEIGH City and county lobbyists argued Wednesday that a proposal to create a new state office to handle open government disputes and a change in how legal fees are awarded could delay further the release of documents.
The proposed Open Government Unit of the Department of Justice would issue advisory opinions about public records questions and attempt to work out public records and open meeting issues without going to court.
The bill, heard but not voted on by the House Finance Committee, also attempts to make it easier for news outlets and individuals filing public records lawsuits to collect attorney fees if documents are released.
Judges have discretion to deny the payment if they determine the government body acted with “substantial justification” to deny access.
The proposal would lower the threshold a judge must use to determine if the individual or outlet won the case but would list specifically how a court could deny payment of the winner's legal fees.
“The fact remains that when we ask for public records, we often don't get them,” said Media attorney Mark Prak, representing the N.C. Association of Broadcasters and the N.C. Press Association, which support the bill. The language on attorney's fees, Prak added, is “a better refinement of that issue.”
