ACLU of North Carolina files suit against New Hanover County Clerk of Court for withholding public records
WILMINGTON, NC (WWAY) — The American Civil Liberties Union of North Carolina Foundation filed a lawsuit to compel the New Hanover County Clerk of Superior Court to comply with North Carolina’s public records laws and produce records of individuals found to be “Incapable to Proceed” (ITP) in criminal cases due to mental health concerns or cognitive disabilities.
All NC court clerks are required by law to maintain a docket of ITP individuals, ensuring these individuals do not get lost in the system.
ITP dockets are public records and must be made available upon request by any person or entity as outlined in the NC Public Records Act. Under the Act, not only does the ACLU-NC have a right to inspect these records, but public officials are required to fulfill record requests as quickly as possible.
Over the course of the past two years, the ACLU-NC has submitted at least seven public records requests at regular intervals for ITP dockets to all North Carolina counties, including New Hanover County.
The ACLU-NC says every other county clerk contacted by the organization has responded to the requests, but the New Hanover County Clerk has not.
“Transparency and accountability in the criminal legal system is not optional, it is necessary to a democratic system of justice,” said Ivy Johnson, Staff Attorney for the ACLU of North Carolina. “People with serious mental health conditions who are unable to stand trial are among the most vulnerable individuals in our court system. Without public oversight, they risk being left in jails for extended periods of time in violation of both state law and the constitution.”
The lawsuit alleges the New Hanover Clerk of Superior Court’s failure to provide the ITP public records violates the North Carolina Public Records Act. It further alleges that if the records do not exist, the Clerk is violating her statutory duty to create and maintain them.
The ACLU-NC is requesting that the Court grant an immediate hearing, declare the records in question to be public records, and find that the Clerk of Superior Court of New Hanover County has violated the North Carolina Public Records Act by denying access to those records. The petition alternatively seeks a writ of mandamus, an order compelling a public official to fulfill a legal duty, requiring the Clerk to both maintain the ITP docket and make it accessible to the public.
Click below to read the lawsuit:
