Kansas high court hears dispute over parolee records

By The Associated Press

05.31.02

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TOPEKA, Kan. — Attorneys are asking the state's highest court to settle a dispute between The Wichita Eagle and the Department of Corrections over the records of former inmates released on parole.

In 1999, the Eagle sought the names of parolees who had been charged with murder or manslaughter from 1996 to 1999, as well as information about their alleged crimes. The newspaper also sought records from internal department panels that reviewed serious incidents involving parolees, as well as the names of panel members.

The department provided some records but refused to turn over others it deemed part of the parolees' supervision histories.

The agency contends that Kansas law specifically prohibits it from disclosing, directly or indirectly, information from parolees' supervision histories. The Eagle maintains that the Kansas Open Records Act requires the information to be made public.

The Supreme Court heard arguments in the case May 29 and could rule as early as July 12. The department prevailed in Shawnee County District Court, where Judge Eric Rosen dismissed the Eagle's lawsuit.

The justices ordered the department to produce five samples of the records in question in a sealed envelope, so they could review the documents before ruling.

William Tretbar, the Eagle's attorney, said the newspaper wants access to all of the information available to the public. He said the Open Records Act doesn't allow the department to turn over only part of the information.

He said Kansans have a right to be safe from criminals, and that interest outstrips any right to privacy for inmates.

"We submit that the people of Kansas are entitled to know who the murderers are, and they're entitled to know what the murderers did," Tretbar told the court.

But the department contends the law preventing it from releasing information from a parolee's supervision histories is clear.

"The way the statute is written, we feel our hands are tied," said Lisa Mendoza, an assistant attorney general who represents the department.

Mendoza also argued that the Eagle could find much of the information from other sources, including district court records and law enforcement officials.

Update

Kansas must make more parolee records available
Unanimous state supreme court ruling on open access is victory for Wichita Eagle.  07.12.02