Transparency News 12/8/14

The state's judicial system has so far rebuffed the Daily Press in its push for the electronic database underlying the state court system's website. But the paper is now seeking alternative means to get the records.  "These are public records and are currently available to you, but not in the statewide and searchable format you want them," said Kristi Wright, a spokeswoman with the Virginia Supreme Court's executive secretary's office. She added that we're also free to attend court hearings and look at paper and scanned records at the courthouse. Wright asserts the underlying spreadsheet is not subject to the Virginia Freedom of Information Act. The Daily Press disagrees, however, contending the executive secretary's office is misapplying one of the act's exemptions. To his credit, Newport News Circuit Court Clerk Rex Davis has agreed to share his court's information. 
Daily Press

The Justice Department, attempting to explain why there has been no visible movement in the 15-month investigation into the Fairfax County police shooting death of John Geer, says in a newly released letter that Fairfax “withheld materials” from the probe and that there were “a number of challenges in investigating this case.” The letter also says that Justice has not given any instruction to Fairfax not to discuss the shooting, only the federal investigation itself.
Washington Post

From the beginning, the Virginia tobacco commission was utterly unique. Sprung from the minds of a cross-party Southside Virginia duo — the Democrat Whitt Clement and the Republican Charles Hawkins — the commission was, more than anything, a maneuver to direct a trove of money, won in a federal settlement with the nation’s cigarette companies, to the areas suffering from the industry’s decline. It came together quickly, in 1999, amid fears that the state’s legal boon would be sucked into ever-churning budget negotiations as a stopgap. Legislators and politically appointed citizens make up the majority of the board, sitting alongside a small cadre of relevant cabinet members. And in managing their economic development grants — now the commission’s only charge — they wield significant influence over which businesses gain traction, and where, in Southwest and Southside Virginia. But, for reasons that have ranged from pragmatic to paranoid, the tobacco commission in its 15-year history has largely dodged oversight and even advice on how to effectively achieve its mission. There was virtually no scrutiny of the commission’s dealings until 2008, when the commission itself invited a panel to study its methods and make recommendations.
The Roanoke Times

Virginia would require high school juniors to pass the same civics exam required of hopeful U.S. citizens, if a lawmaker can find support for a bill he has filed for the 2015 General Assembly session. Del. Dickie Bell, R-Staunton, wants to amend the state code to make a passing score on the test be a requirement for graduation. “It seems like knowing about our government is a good idea,” said Bell, a retired high school teacher. He said student command of civics is “not very pretty” and that getting six out of 10 questions correct is a reasonable barrier to graduation.
Roanoke Times

Nothing says holiday cheer like a little controversy from Portsmouth Sheriff Bill Watson. Watson recently had a Nativity scene and a menorah placed in the foyer of the Sheriff's Office at the city's courthouse. In an interview with television station WVEC, Watson struck a defiant tone, saying that he wasn't politically correct and that it would take a court order to get him to remove the Christian Christmas and Jewish Hanukkah decorations. Friday morning, the city's circuit judges called Watson's bluff. After a meeting, the judges decided to ask Watson to take down the decorations. Chief Judge Johnny Morrison visited Watson's office and left him a message. Morrison told The Virginian-Pilot that judges were prepared to force Watson's hand. "If that's what it takes, if the sheriff says he needs an order, we will enter an order," Morrison said.
Virginian-Pilot

National Stories

A dispute over whether a newspaper should be prohibited from publishing a story about a child custody case is headed to the Connecticut Supreme Court, which has issued several rulings in recent years against media organizations and advocates for open government records. New Britain Superior Court Judge Stephen Frazzini ordered an injunction Nov. 24 barring the Connecticut Law Tribune from publishing the story, saying protecting the three children from the harm that would be caused by the story outweighed the newspaper’s First Amendment rights. But Frazzini rescinded that ruling on Monday amid criticism by media organizations and civil liberties advocates, who called the order an extraordinary violation of free-press rights. The judge didn’t admit making a mistake, saying instead that the injunction was no longer necessary because a court document describing the case was published on two newspapers’ websites and widely available to the public. A lawyer for the children’s mother has asked the state Supreme Court to reinstate at least part of the injunction, citing the need to protect the children and arguing that all juvenile court and child protection cases are confidential under state law.
Washington Times

Once on a glide path to passage through the Senate, the FOIA Improvement Act is in trouble after retiring Sen. Jay Rockefeller, D-W.Va., came out against the bill designed to make government more transparent. “I have a long record of support for open government and the [Freedom of Information Act] process,” Rockefeller said in a release. “I am concerned that provisions in this bill will have the unintended consequence of harming our ability to enforce the many important federal laws that protect American consumers from financial fraud and other abuses.” Rockefeller argues the provisions “would make it harder for federal agency attorneys to prepare their cases, and they would potentially give defendants new ways to obstruct and delay investigations into their conduct. I hope there is a way to address these concerns and pass the bill.” The objection came as a surprise to bill sponsor Sen. Patrick J. Leahy, D-Vt., who is chairman of the Judiciary Committee.
Roll Call

The recurring question of license-plate-as-speech will motor back to the Supreme Court, as justices on Friday agreed to hear a challenge involving the state of Texas and the Sons of Confederate Veterans. Texas officials rejected a license plate design proposed by the Sons of Confederate Veterans. The group’s Texas Division wanted plates to include a logo, consisting of a square Confederate battle flag surrounded on its four sides by the words “Sons of Confederate Veterans 1896.” The state’s Department of Motor Vehicles rejected the proposal, noting that “public comments have shown that many members of the general public find the design offensive.” Challenged as a First Amendment violation, the state responded that it retained the ability to choose the messages and symbols that will appear on its specialty license plates. The state also insisted its decision did not discriminate against a particular viewpoint. Appellate circuits are split on whether license plates count as “government speech,” over which the government can exert maximum control. Circuits are split, as well, concerning viewpoint discrimination.
McClatchy
 

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