Public Access News of Note: March 21, 2023
A quick look at headlines concerning freedom of access, public information, and other First Amendment issues.
Department of the Interior Releases Report on FOIA Backlog
On March 17 the Department of the Interior (DOI) released the 2023 Chief Freedom of Information Act (FOIA) Officer Report. The report, which is the first the agency has released, outlines “how the agency administers its FOIA program and specific steps taken by bureaus to improve FOIA operations.”
According to the report, DOI’s FOIA request backlog increased during fiscal year 2022. The agency cites a 12 percent increase in the number of FOIA requests received by the National Park Service (NPS) as a reason its backlog increased.
Despite the overall increase in its backlog, the agency also notes some bureaus, including the Office of the Inspector General, U.S. Geological Survey, and Office of the Solicitor, decreased their backlogs. The Bureau of Ocean Energy Management (BOEM) reduced its backlog from 14 requests to one, a 93 percent reduction.
The agency also notes that BOEM and Fish and Wildlife Services provided to support of the Office of the Solicitor, resulting in a 33 percent decrease in its number of backlogged requests.
Colorado FOI Advocates Submit Comments in Support of Live Streaming Criminal Trials
A draft chief justice directive released earlier in March by the Colorado Supreme Courts Office of the Chief Justice would make some criminal court proceedings more publicly accessible by allowing live streaming.
The directive, which applies to state trial courts, would allow initial bond setting proceedings and “other criminal proceedings” to be live streamed. The directive would not allow live streaming of evidentiary hearings, trials, bench conferences, communications between counsel and client, in camera hearings, and problem solving dockets.Judges would have discretion to expand or limit live streaming within the parameters set forth by the order.
The proposal comes in the wake of expanded streaming of court proceedings in the wake of the COVID-19 pandemic and appears before the state government at the same time as draft legislation that would allow remote public access to criminal court proceedings.
But public transparency advocates in the state want the directive revised. Steve Zansberg, president of the Colorado Freedom of Information Coalition (CFOIC), submitted written comments to the state supreme court on behalf of his organization and the Colorado Broadcasters Association and the Colorado Press Association asking for four revisions to the proposal.
The groups ask the proposed directive be revised so that the live streaming of evidentiary hearings and trials is not prohibited. They also ask that the live streaming of video-only bench conferences and conferrals between counsel and client not be precluded.
“There should be a strong presumption in favor of live streaming of judicial proceedings that are open to the public; trial judges can exercise discretion to allow live streaming of portions of such proceedings.” Zansberg writes of a further revision to the draft favored by the groups.
Finally, the groups also want to see the directive apply to civil court proceedings.
Other Headlines of Note
Simson Garfinkel, a computer scientists with the National Institute of Standards and Technology, appeared on the Federal News Network podcast Federal Drive to discuss data de-identification and updated federal guidance. Listen here.
Reporters in Nevada rebuke procedural changes in the state legislature that make accessing law makers more difficult. Read here.
Public Experience with Public Records Laws survey: As more Americans than ever file public records requests, we’re looking for information on how the public interacts with freedom of information laws. Whether or not you’ve ever filed a request, consider filling out our survey and share your impressions of how well current freedom of information laws work.