Constitutional Law

Alaska judge orders GOP candidate's records released

By By The Associated Press

FAIRBANKS, Alaska — The Fairbanks North Star Borough must release personnel records from Senate Republican candidate Joe Miller?s time as an attorney for the borough, a judge ruled Oct. 23 in a decision that favors several news organizations that sued for the information.

Miller recently acknowledged he was disciplined for violating the ethics policy while working for the borough, but said it was unrelated to his departure from the job. Speculation over the issue and Miller?s earlier refusal to discuss it had become a key topic of the campaign.

Miller?s attorney, Thomas Van Flein, had argued that the records were protected from release by borough code and the Alaska Constitution?s right to privacy provision. But retired Superior Court Judge Winston Burbank said in the ruling that the public?s right to know outweighs any right to privacy.

The Daily News-Miner reported that Burbank ordered that the documents be released by 4 p.m. tomorrow, which allows time for an appeal.

Media attorney Chris Zimmerman said the judge ordered that some of the documents not be disclosed for medical-privacy reasons or because of attorney-client privilege. Some of the other documents will have information redacted for similar reasons.

Miller worked as an attorney for the Fairbanks North Star Borough between 2002 and 2009. Although Miller has listed the work experience on his LinkedIn professional networking profile, he has left it off his campaign website.

After a former borough mayor said Miller was nearly fired for using government computers in a failed effort to oust the state GOP chairman in 2008, Miller told CNN he had violated ethics policy.

In a debate last night with two rivals, Miller said he was suspended for or docked three days? pay for participating in a private poll during his lunch hour. He said it was a mistake he?s learned from.

Van Flein said on Oct. 23 that it was too early to say whether he would file an appeal at the state Supreme Court.

Full post as published by First Amendment Center on October 24, 2010 (boomark / email).