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Friday, July 6, 2007

Shark Rips Into Judge's "Paper-Only" Ruling

Sound Politics' Stefan "The Shark" Sharkansky analyzes the recent "paper-only" ruling.

"A requestor asked for a Department of Corrections electronic database and Judge Christine Pomeroy ruled that the DOC's production of paper printouts of the database records was an acceptable response: 'There is no clear right to electronic copies under the Public Disclosure Act,' Superior Court Judge Christine Pomeroy said in her oral ruling.

Judge Pomeroy's ruling is ridiculous. A print-out is not the same record as the electronic original. If Pomeroy believes that it is then she and her clerks should banned from using Lexis-Nexis and other computer tools and be forced to perform all of their legal research using only books and paper. The state Attorney General's new Model Rules for best practices on disclosure of electronic records make clear that agencies should provide original electronic records when so requested. I have more arguments why paper printouts are an inadequate response to a request for electronic records, here."