Court says Easley can keep clemency letters private

Gov. Mike Easley does not have to make public letters he receives from people supporting or opposing inmates’ requests for clemency, a state Court of Appeals panel ruled today.

The ruling came in a suit filed by The News and Observer Publishing Co., whose lawyers argued that Easley was required to release the clemency records under the state Public Records Law.

Easley had said he would voluntarily release some information, including inmates’ applications for pardons. But he has refused to make public other records, such as letters from people in support or opposition to clemency petitions.

Writing for the court, Judge Martha Geer said that the Public Records Law does not require the governor to release the information.

The Public Records Law, passed by the General Assembly, defines public records and requires state and local agencies to make them public. But Geer said the state constitution gives the legislature only limited say-so when it comes to clemency decisions, which are the governor’s alone. Therefore, she concluded, legislation such as The Public Records Law cannot be allowed to intrude upon the governor’s clemency authority.

Unlike previous governors, Easley has released copies of the clemency applications, the names of those people supporting the application and any documents granting clemency. However, Easley has refused to release copies of letters and related records. Furthermore, the court noted, Easley also decided to stop releasing the names of people supporting clemency applications because some of them have said they did not want their names made public.

Judges Ann Marie Calabria and Barbara Jackson concurred in the decision.