SB 168 is a problem, not a solution

Earlier this year we urged the state Legislature not to pass a law that would make court records confidential when a court proceeding ends in something other than a conviction.

The Legislature didn’t listen to us.

So we feel compelled, now, to join a chorus of individuals and other Alaska media outlets in urging Gov. Sean Parnell to veto the legislation, Senate Bill 168.

We are we so adamant about this? Quite simply, we see no evidence that having less information available ever benefits the public.

The Alaska Press Club put it well, we think, in an April letter signed by its entire board and addressed to Parnell:

“This bill, if signed into law, will not distinguish between the not guilty verdict and the case that was dismissed because the complaining witness died or was intimidated into silence, the case that was thrown out due to prosecutorial misconduct, the case that ended in a mistrial, or the case that was dropped due to the district attorneys’ limited resources to prosecute.”

The professional organization for Alaska’s media members went on to point out that were the Israel Keyes serial murder case a state matter, under this law it would have been made confidential after he committed suicide in jail and that the Mechele Linehan murder case would have become confidential after she was acquitted.

Say what you will about the merits of the coverage of those cases, both reveal very useful information about the way our legal system works and how justice is administered in Alaska.

We also disagree with the premise that the law is necessary. The thinking goes that a person mistakenly arrested for, say, drunken driving, would have a blemish on his or her record that potential employers would be able to access at the click of a mouse in state court databases.

But rather than re-writing history by expunging court records, we should instead fix the problem by making more information public. Put a big, prominent label on the pages for people exonerated. We should include the dispositions of each case in a searchable database. Heck, do what the federal court already does and scan and make public all documents filed in state court.

In advocating for the bill’s veto, we join the Alaska Dispatch News and the Fairbanks Daily News-Miner. We’re not sure if Gov. Sean Parnell will hear our calls and stay this regressive measure. We checked with his office, and so far, letters received on this issue have been evenly split between those in favor of and those opposed to the law.

That’s not exactly an avalanche of public opinion in our favor. Still, we hope Parnell will see merit in our arguments and agree that there are better, more transparent solutions to the problem. SB 168 is a problem, not a solution. Veto this bill, Governor.