Paul Kostyu: Society of Professional Journalists annual Brick Award goes to Ohio Supreme Court
Canton Repository, July 25, 2006
Good luck getting past court to see public documents
PAUL E. KOSTYU
COLUMBUS In May, the Central Ohio Chapter of the Society of Professional Journalists awarded the Ohio Supreme Court its annual Brick Award.
The chapter is made up of current and retired journalists, public relations officials from public agencies and private companies, and others with an abiding interest in First Amendment freedoms. The Brick Award goes to the person or entity who over the past year, more than any other, tarnished public rights, including the right to know. The court rejected an invitation to pick up the award. But it did respond with a lengthy letter defending its actions to open access to information to Ohio citizens.
The court’s decisions clearly indicate, however, that a public left ignorant is better than one that is informed. No decision better illustrates that than the one the court made in April. It said the current and future governors of Ohio should have a limited executive privilege to keep documents secret.
Executive privilege had never existed in the state’s 203-year history. There is nothing in the Ohio constitution about it. The privilege doesn’t exist in any state law. In a flagrant display of legislating from the bench, the justices made up the privilege.
The court had a chance to limit the damage of that decision. The justices ordered Gov. Bob Taft to turn over to the court the 200 to 300 documents sought by state Sen. Marc Dann, D-Youngstown, so they could decide whether Taft had abused the authority they created for him.
To be fair, this is the work of five of the seven justices: Chief Justice Thomas J. Moyer and Justices Terrence O’Donnell, Maureen O’Connor, Judith Ann Lanzinger and Evelyn Lundberg Stratton. The other two — Paul E. Pfeifer and Alice Robie Resnick — are voices of reason. They understood all along the problem that the court was creating by giving immense power to governors, Republican or Democrat, to hide corruption behind a wall of secrecy.
Last week, the court failed the public again and, in fact, made its original decision worse. The justices said Taft abused his authority. The records he withheld were clearly public. But in tortured logic, the clueless five said the public can’t see the documents unless a “particularized need” can be shown Moyer, writing the majority decision, said being an Ohio taxpayer wasn’t good enough to show need. If Ohio taxpayers don’t have a right to see what the governor is doing, who does?
The court did something even more astonishing. It said it would trust Taft and future governors to make the right decision about releasing public documents. It will let the governor decide who has a need to see records. What are those folks smoking? The five washed their hands of future public records cases and, in doing so, created an almost impossible barrier for anyone to get documents from the governor’s office.
Potentially, this case could allow county commissioners, mayors, city managers and township trustees to claim an executive privilege to keep their constituents in the dark. The public’s ability to bring to light government corruption in the executive branch is nearly gone.
The Ohio Supreme Court has bricked the doors of the Statehouse, courthouse and city hall. Good luck getting in.
Reach Copley Columbus Bureau Chief Paul E. Kostyu at (614) 222-8901 or e-mail:
paul.kostyu@cantonrep.com
Good luck getting past court to see public documents
PAUL E. KOSTYU
COLUMBUS In May, the Central Ohio Chapter of the Society of Professional Journalists awarded the Ohio Supreme Court its annual Brick Award.
The chapter is made up of current and retired journalists, public relations officials from public agencies and private companies, and others with an abiding interest in First Amendment freedoms. The Brick Award goes to the person or entity who over the past year, more than any other, tarnished public rights, including the right to know. The court rejected an invitation to pick up the award. But it did respond with a lengthy letter defending its actions to open access to information to Ohio citizens.
The court’s decisions clearly indicate, however, that a public left ignorant is better than one that is informed. No decision better illustrates that than the one the court made in April. It said the current and future governors of Ohio should have a limited executive privilege to keep documents secret.
Executive privilege had never existed in the state’s 203-year history. There is nothing in the Ohio constitution about it. The privilege doesn’t exist in any state law. In a flagrant display of legislating from the bench, the justices made up the privilege.
The court had a chance to limit the damage of that decision. The justices ordered Gov. Bob Taft to turn over to the court the 200 to 300 documents sought by state Sen. Marc Dann, D-Youngstown, so they could decide whether Taft had abused the authority they created for him.
To be fair, this is the work of five of the seven justices: Chief Justice Thomas J. Moyer and Justices Terrence O’Donnell, Maureen O’Connor, Judith Ann Lanzinger and Evelyn Lundberg Stratton. The other two — Paul E. Pfeifer and Alice Robie Resnick — are voices of reason. They understood all along the problem that the court was creating by giving immense power to governors, Republican or Democrat, to hide corruption behind a wall of secrecy.
Last week, the court failed the public again and, in fact, made its original decision worse. The justices said Taft abused his authority. The records he withheld were clearly public. But in tortured logic, the clueless five said the public can’t see the documents unless a “particularized need” can be shown Moyer, writing the majority decision, said being an Ohio taxpayer wasn’t good enough to show need. If Ohio taxpayers don’t have a right to see what the governor is doing, who does?
The court did something even more astonishing. It said it would trust Taft and future governors to make the right decision about releasing public documents. It will let the governor decide who has a need to see records. What are those folks smoking? The five washed their hands of future public records cases and, in doing so, created an almost impossible barrier for anyone to get documents from the governor’s office.
Potentially, this case could allow county commissioners, mayors, city managers and township trustees to claim an executive privilege to keep their constituents in the dark. The public’s ability to bring to light government corruption in the executive branch is nearly gone.
The Ohio Supreme Court has bricked the doors of the Statehouse, courthouse and city hall. Good luck getting in.
Reach Copley Columbus Bureau Chief Paul E. Kostyu at (614) 222-8901 or e-mail:
paul.kostyu@cantonrep.com
posted by Kathie Bracy at 1:57 PM
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