NCJ Number
80272
Date Published
1980
Length
27 pages
Annotation
This article reviews open records legislation in North Dakota, particularly criminal and traffic records, and then examines the responsibilities of various criminal justice agencies in releasing this information, as well as relevant court decisions.
Abstract
North Dakota passed an open records law in 1957, which provided that records of State agencies and political subdivisions be open and accessible to the public. This paper first describes other statutes and regulations which limit access to records held by the State Highway Department, the Department of Institutions, the Bureau of Criminal Investigations, the Parole Board, and the Juvenile Court. Areas where disclosure policy is unclear are identified. The two cases of the North Dakota Supreme Court which have interpreted the open records act are examined -- Grand Forks Herald, Inc. v. Lyons in 1960 and State ex rel. Williston Herald v. O'Connell in 1967. In Lyons, the court held that the open records act did not apply to records of the county court. In the later case, the court decided that the law was silent on the right to inspect court records but ruled that the public had the right to inspect court records after the case was completed and docketed in the files. A discussion of these cases and their implications for law enforcement records emphasizes that the court refused to give the press any special status or privileges beyond those provided for the general public. The State Attorney General stated in 1979 that police blotter or police log records should be open for public inspection, but all other law enforcement records should be kept confidential and based this standard on a 1975 Texas case, Houston Chronicle Publishing Co. v. City of Houston. This case is reviewed, as are the Attorney General's opinions on reasonable office hours for State agencies. An assessment of the Freedom of Information Act concludes that it does not affect disclosure of police records in North Dakota. Criminal penalties for public servants who deny public access to records in violation of State law or who tamper with such records are detailed. Until the court addresses the open record act's applications for law enforcement records, the legislative mandate for open records must be balanced against the compelling and legitimate needs of law enforcement agencies. The paper contains 92 footnotes and sample policies on records disclosure for law enforcement agencies.