MCLU Claims Court Order Damages Freedom of Access Act

Public Entities Should Be Subject to Public Scrutiny

FOR IMMEDIATE RELEASE
September 28, 2007

Portland- Public awareness of government proceedings is an issue of critical importance, according to a motion filed by the Maine Civil Liberties Union yesterday in the Maine Supreme Judicial Court.  In the case of Moore v. Abbott, the trial court found that records from an investigation by a special panel appointed by the Attorney General do not qualify as public records and are not subject to Maine’s Freedom of Access Act (FOAA).  According to the MCLU motion, that opinion narrows the scope of the FOAA and disregards established precedent.  The MCLU is requesting leave to participate in the appeal as amicus curiae – or a “friend of the court” – urging that the trial court’s opinion be overturned by the Supreme Court.

“This case is about the public’s right to know what the government is doing,” said Shenna Bellows, Executive Director of the Maine Civil Liberties Union.  “If the Attorney General convenes any panel, about any issue of public importance, the public has the right to information about the proceedings.”

The records in question were created by a commission of three lawyers convened by the Maine Attorney General to investigate possible prosecutorial and law enforcement misconduct.  The investigation was a matter of public interest and therefore the records should be made available to the public. 

“The attorneys appointed by the AG were doing the work of the AG, and therefore they are subject to the same transparency laws as any other body performing government functions,” said Sigmund Schutz, MCLU cooperating attorney with Preti, Flaherty, Beliveau and Pachios.  “The court order, unless overturned on appeal, creates a template by which public officials can dodge Freedom of Access laws by transferring their work to committees outside the scope of the Freedom of Access Act.”

The Maine Civil Liberties Union filed a motion in court yesterday moving for leave to file an amicus brief and participate in oral arguments in the case. 

###