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Bills Seek to Protect ‘Work Product’

RALEIGH — A decision last year by a North Carolina appeals court judge preventing government lawyers from concealing much of their work prompted legislators to approve a new law this year that overrides that verdict. But government lobbyists didn’t stop there. They introduced bills that would have allowed state and local agencies to withhold many forms of documentation that have historically been considered public information.

Paul Chesser

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Commerce Settles Public Records Case

RALEIGH — In what is considered a first for state government, the Department of Commerce agreed this week to pay lawyers' fees in order to settle a public records lawsuit that was brought against it. The state agency led by Secretary Jim Fain (who was also named as a defendant) paid plaintiffs Carolina Journal and the North Carolina Press Association $7,500 for their legal expenses related to a suit they filed in January.

CJ Staff
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Federal Incentives Ruling Will Stand

RALEIGH — The U.S. Sixth Circuit Court of Appeals in Cincinnati last week declined to reconsider a decision by its own three-member panel of judges, who in September struck down certain targeted tax credits as unconstitutional. The next stop for the case — which has drawn major national attention — appears to be an appeal to the U.S. Supreme Court. The State of Ohio and the City of Toledo had petitioned the full 12-member court to rehear the case after the panel declared that economic development incentives given to DaimlerChrysler violated the interstate Commerce Clause of the U.S. Constitution.

Paul Chesser