Hoke County Legal Maneuver Explodes on Facebook
Residents reacted quickly when the county filed for dismissal of the News-Journal’s lawsuit to recover its right to review public documents.
The legal team Hoke County hired—at taxpayer expense—has filed for dismissal of a News-Journal lawsuit that seeks the release of public records vital to the newspaper’s ability to monitor decisions that affect residents, verify facts and report them to the public. The announcement is on the county’s official Facebook page and concerned readers are encouraged to visit it and express their opinion before the ability to comment is, once again, turned off.
North Carolina public records law clearly states the documents belong to the people and should be readily available for review by anyone—they are not the exclusive property of elected officials or government employees. Some redactions as required to protect privacy and certain other administrative details, however. The language largely mirrors that of the Federal Freedom of Information Act, which includes similar restrictions.
Defense counsel for the county is asking the court to dismiss the lawsuit because it was filed by the publisher of the News-Journal, who is not licensed to practice law in North Carolina. Since Hoke County closed commenting on Facebook at least once yesterday, and could potentially delete the entire thread, here is some of the feedback still online Friday morning for your reading pleasure—names redacted to prevent unexpected deputy visits.
Legal
“Please read the ENTIRE chapter of the referenced law before posting such garbage! You can’t take one line out of context and hope it will buy you time. I hope the judge laughs every one of you out of the courtroom in handcuffs. Chapter 84 (ncleg.gov).”
“Section 132-9 of the Public Records Law permits anyone who is denied access to copies of a public record to apply to the appropriate division of the General Court of Justice. They can seek an order from the court compelling copying or disclosure of such a record. However, if the court determines that the requestor’s application for disclosure was frivolous, it will assess an appropriate attorney’s fees against the requestor.”
“14-230. Willfully failing to discharge duties.”
“(a) If any clerk of any court of record, sheriff, magistrate, school board member, county commissioner, county surveyor, coroner, treasurer, or official of any State institutions, or of any county, city or town, shall willfully omit, neglect or refuse to discharge any of the duties of his office, for default whereof it is not elsewhere provided that he shall be indicted, he shall be guilty of a Class 1 misdemeanor. If it shall be proved that such officer, after his qualification, willfully and corruptly omitted, neglected or refused to discharge any of the duties of his office, or willfully or corruptly violated his oath of office according to the true intent and meaning thereof, such officer shall be guilty of misbehavior in office, and shall be punished by removal therefrom under the sentence of the court as part of the punishment for the offense.”
Something Fishy
“Hmmm, then why wouldn’t records be shared and why did you hire an attorney? Maybe the people of Hoke County should file a lawsuit. If it smells like a fish and acts like a fish, something is fishy.”
“You’re obviously hiding something. You all are NOT obeying your oath. All should be relieved. ALL”
“Lol hoke county corrupt? Noo way. Who would have ever guessed.”
“Transparency and good stewards of the taxpayer’s money my a$$.”
“Easy, have it dismissed ‘after’ you’ve fulfilled the FOIA’s. You don’t have the right to keep this information from the public.”
“Maaaan some folks are about to be voted out or relieved of office once the AG has enough complaints.”
“’Hoke County will continue its commitment to transparency’…Well one would argue that the county must have been transparent to continue such behavior.”
“Just give us the records, like how did we get this response yet waiting months for receipts? Weird concept.”
“NC Attorney General (919) 716-6400. The community needs to keep contacting the NC AG.”
Support
“we need to unite as a community and get the answers requested.”
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