Newspaper watchdogs say a bill to shield matters referred by the state auditor for investigation would do a disservice to the public by closing records.
Rep. Pat Heinert, R-Bismarck, introduced House Bill 1127 on Monday to the House Judiciary Committee. The bill would require the state auditor and others not to divulge "any information relating to a matter forwarded to the attorney general or a state's attorney for further investigation until the attorney general or state's attorney has made a determination as to whether there is probable cause to believe a violation of law has occurred."
Heinert, a former Burleigh County sheriff, said he introduced the bill because publicized cases could taint a county's jury pool and lead to expensive changes of venue. He previously told the Tribune what brought his attention to the issue was a controversial 2019 audit of North Dakota's Commerce Department.
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State Auditor Josh Gallion had notified the attorney general of audit conclusions that the department mishandled state money and skirted public bid requirements in developing the state's new logo. Attorney General Wayne Stenehjem referred the probe to South Dakota criminal investigators to avoid any conflict of interest.
No charges resulted from the criminal investigation, but some GOP lawmakers and former Commerce Commissioner Michelle Kommer criticized Gallion for his actions. Kommer retained an attorney amid the monthslong investigation and was denied state reimbursement for attorney fees.
Kommer, who resigned last fall to enter the private sector, in October urged lawmakers of an audit review committee to "work with the legislative body to prevent this from ever happening again."
The Commerce audit drew attention in late 2019 after Gallion publicized its findings, and he and Kommer spoke at an audit review committee meeting soon afterward.
Heinert said those instances generate interest.
"In past history, we've seen some reports that have been turned over to (the committee) and they're published very highly in the local media sources and a lot of discussion about that, and all of that could taint the possibility of a jury selection within the county," he said.
North Dakota Newspaper Association representatives disagree.
"This is public information the public should be aware of. If some of their public servants are being investigated for different reasons, the public should know that," said Jack McDonald, the association's attorney.
Association Executive Director Sarah Elmquist Squires said jury trials are rarely moved to other counties due to highly publicized cases.
"I think if we had a problem here where cases of this nature were causing expensive change of venues, we'd have a lot of examples of that," she said. "So I think what we've got here is kind of a solution in search of a problem."
The state auditor, who did not testify on the bill, previously told the Tribune he sees the legislation's goal as "to hopefully protect the reputation of those involved so nobody is found innocent or guilty in the court of public opinion." He previously said he thinks the bill "enhances" the auditor's authority by allowing for additional review.
The House Judiciary Committee did not take immediate action on the bill.