Maine Supreme Court ordered to release 911 transcripts in Biddeford murder case

From Portland Press Herald: (Nov. 14, 2013) The Maine Supreme Judicial Court has ruled unanimously in favor of the Portland Press Herald’s appeal requesting authorities to release transcripts of 911 calls in a Biddeford murder case, opening the door on whether other 911 recordings are public record.

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SF law firm weighs in on Sorenson decision

From TheCalifornian.com: A San Francisco law firm is jumping on a local bandwagon asking the California Supreme Court to review an appellate court’s decision that would ultimately close all conservatorship hearings to the public.

In a Thursday amici letter to the Supreme Court, Duffy Carolan of Davis Wright Tremaine LLP, argues the Sixth District Court of Appeals relied on a faulty understanding of the law to rule that all Lanterman-Petris-Short Act proceedings ought to be closed.

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NFOIC’s State FOIA Friday for November 8, 2013

From NFOIC:  A few state FOIA and local open government news items selected from many of interest that we might or might not have drawn attention to earlier in the week. While you're at it, be sure to check out State FOIA Friday Archives.

Brevard corruption case morphs into public records battle

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Judicial Watch forces Clinton Library to release 57,000 pages of records on Hillary Health Care Task Force

From Standard Newswire: WASHINGTON, Nov. 6, 2013 /Standard Newswire/ — Judicial Watch announced today that on October 17, 2013, thanks to Judicial Watch litigation, the public gained access to more than 57,000 pages of previously withheld documents from the Clinton Presidential Library related to the National Taskforce on Health Care Reform, a “cabinet-level” taskforce chaired by former First Lady Hillary Rodham Clinton during the first term of the Bill Clinton presidency.

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DelCOG scores major transparency victory

From NFOIC: A federal appeals court has agreed with NFOIC’s Delaware-based member organization, the Delaware Coalition for Open Government, that Delaware’s Chancery Court judges’ practice of overseeing and resolving business disputes in secret arbitrations is unconstitutional.

Following the ruling, handed down last Wednesday by the Third U.S. Circuit Court of Appeals, state and court officials, including a spokesman for Gov. Gov. Jack Markell’s office, indicated they are considering an appeal.

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3rd Circuit decision allows FBI to continue to withhold race data from ACLU

From NJ.com: In 2008, the Federal Bureau of Investigation revised its operational guidelines known as the Domestic Investigations and Operations Guide. Under the new marching orders, the document allowed agents to engage in limited racial and ethnic profiling when assessing criminal and terroristic threats.

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Cybersecurity directive from Bush kept secret

From Courthouse News Service: (CN) – President George W. Bush’s presidential directive on cybersecurity is not subject to the Freedom of Information Act, a federal judge ruled.

The Electronic Privacy Information Center had filed the FOIA request in June 2009, seeking information related to National Security Presidential Directive 54.

Visit Courthouse News Service for more.

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EPIC FOIA fails to get secret presidential cybersecurity order

From McClatchyDC: A secret presidential directive on cybersecurity is going to stay secret, despite the best FOIA-filing efforts of the Electronic Privacy Information Center.

In a decision issued Monday, U.S. District Judge Beryl A. Howell rejected the long-running Freedom of Information Act request for the unredacted text of National Security Presidential Directive 54.

Visit McClatchyDC for more.

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NMFOG: New Mexico Attorney General and Human Services Department release heavily redacted behavioral health audit

Press release from The New Mexico Foundation for Open Government:  Albuquerque – In response to a lawsuit filed by The New Mexico Foundation for Open Government (NMFOG), the Attorney General of New Mexico and the New Mexico Human Services Department (HSD) today (Oct. 18, 2013) released some new portions of the Behavioral Health Audit report, which HSD relied upon in halting Medicaid payments to health care providers in New Mexico until new management was put in place.

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Peter Callaghan: A bad open government ruling 14 years in the making

From The News Tribune: I wasn’t as shocked as some last week when the state Supreme Court found that governors have a constitutional exemption from disclosing certain documents to the public.

Since I’d been denied records by a former governor who cited executive privilege, a decision backed up by a past attorney general, I assumed there was a strong likelihood the court would side with those who felt executive privilege existed.

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