JEFFERSON CITY, MO – A circuit judge has found the Cole County prosecuting attorney violated the Sunshine Law seven times, ordering him to pay a $12,100 civil penalty for the violations.
The suit stems from three Sunshine Law requests Aaron Malin filed in April and October 2015. Malin sought public records of communication between Prosecuting Attorney Mark Richardson’s office and the local drug task force. Richardson refused even to search for the requested documents, claiming that every record in his office would be exempt from public review.
"Government entities all over the state routinely disregard their responsibilities under the Sunshine Law because they believe they will not face any consequences even if a court finds that they violated the law,” said Dave Roland, director of litigation at Freedom Center of Missouri.
Following Richardson’s refusal, Roland sent him a letter explaining not only that Richardson was violating the Sunshine Law, but warning that Malin would sue if Richardson did not comply. When Richardson still declined to search for the requested records, the Freedom Center of Missouri and the ACLU of Missouri filed a lawsuit on Malin’s behalf.
On October 11, Cole County Circuit Judge Patricia Joyce ruled that Richardson knew the Sunshine Law’s requirements and penalties well, noting that he had even trained other government officials in how to respond to Sunshine Law requests.
“Despite this knowledge, he intentionally refused to provide records – or even search of any responsive records – and he did so with full awareness of the consequences and with conscience design to violate the law,” wrote Joyce.
After specifying seven separate violations of the Sunshine Law, Joyce ordered the prosecuting attorney to pay a civil penalty of $12,100.
“We hope that this case will serve as a deterrent to government officials who consider not being transparent,” said Tony Rothert, legal director, ACLU of Missouri. “The Sunshine Law ensures an open government and helps establish trust between the government and the people it represents.”