Wake County Superior Court Judge Howard Manning declined to dismiss a public-records lawsuit brought by several media outlets, including Carolina Journal, until four former staffers of Gov. Mike Easley have been deposed in the matter.

“I’m going to allow discovery in this case,” Manning told Hugh Stevens, lawyer for the media group, and Alec Peters, representing the Attorney General’s Office, “and hold the motion to dismiss in abeyance pending the deposition of those four people.”

Ordered deposed are:

• Cari Boyce, former Communications Director for Easley and currently Vice President of Corporate Communications for Progress Energy Service Company.

• Sherri Johnson, who followed Boyce as Communications Director to Easley and is currently Manager of Communications and government Relations for the NC Office of State Controller.

•Renee Hoffman, former Press Secretary to Governor Mike Easley and current employment unknown.

• Seth Effron, former Deputy Press Secretary to Easley and currently Communications Director for the State Energy Office in the NC Department of Commerce.

All four, including Easley, are defendants in the lawsuit. The suit, filed in April, 2008, contends Easley and his staff violated the state’s Public Records Law by ordering that certain e-mail records be destroyed, destroying at least one written document, devising e-mail retention policies that deviated from the law, and failing to provide for preservation of public records.

The Attorney General’s office announced on Dec. 9 that it would seek the motion to dismiss the suit, arguing that since Easley is no longer in office the Governor’s Office is no longer the custodian of the contested records, especially e-mails.

Manning expressed concern with that argument. “At the time they brought the lawsuit,” Manning told Peters, “they had a valid request. If there was a wrong, the violation continues. … If time had not run out, they would have been able to obtain relief.”

At times during the 45-minute hearing, Manning seemed exasperated. “There’s a piece of me that says, ‘How the hell could this happen?’” he said at one point, and then alluded to the movie “Animal House” to describe the Easley records, calling them “these super, double-secret deleted e-mails.”

He told Stevens, “The key issue is that you are screwed under Mr. Peters’ argument.” And a few seconds later added, “The people who are getting screwed is the public that has a right to know.”

Stevens made the point that two of the plaintiffs still work for the executive department. “I do not care,” responded Manning, stressing each word in the sentence. He said they could work for the Orange Water and Sewer Authority for all he cared, “but if they have the data they cannot hide and be cleansed from ever having to discuss it.”

Stevens asked if the depositions included Easley. “That depends on what you find out,” Manning responded. “You may come up with nothing, and you may come up with something.”

He said he would give the parties until the end of January to get the depositions completed.

Joining CJ in the complaint are The News & Observer of Raleigh, The Charlotte Observer, The Fayetteville Observer, The Associated Press, and the N.C. Press Association. Other plaintiffs were: Media General Operations, which publishes 10 N.C. newspapers, including the Winston-Salem Journal; Freedom Communications and Freedom Eastern North Carolina Communications, which together publish seven N.C. newspapers; The Wilson Daily Times; and Boney Publishers, which publishes The Alamance News.

Jon Ham is vice president of the John Locke Foundation and publisher of its newspaper, Carolina Journal.