The American Civil Liberties Union of North Carolina filed suit against New Hanover County Clerk of Courts Jan Kennedy on Wednesday. The ACLU says it took legal action to compel Kennedy to turn over public records.
The ACLU is asking for records of individuals known as “incapable to proceed,” or ITP, meaning they’re not fit to stand trial in criminal cases because of mental health concerns or cognitive disabilities. These records are required by law to be kept by county clerks of court.
The ACLU says it has made numerous similar requests to all 100 North Carolina counties over the last two years. These requests are part of the organization’s efforts to ensure that laws protecting ITP defendants are upheld, and that those people are not stuck in indefinite legal limbo.
According to the ACLU, every other county has responded to public records requests except New Hanover. The ACLU alleges that Kennedy is in violation of the state’s public records statute and voiced concerns that if the records do not exist, then she is in violation of further record-keeping laws.
In court filings, the ACLU detailed the repeated unsuccessful attempts to get any reply from Kennedy, including by phone, email, and certified mail, as well as contacting other court and county officials. These attempts date back to at least January 2023, according to the ACLU.
The organization is requesting an immediate hearing, asking the courts to force her to turn over the requested records.
Kennedy has not yet responded to WHQR’s request for comment.
You can find more from the ACLU here, and find the complaint, filed in New Hanover County Superior Court, below.