First deadline in Delaware chancery’s ‘secret’ arbitration lawsuit passes without action

From DelawareOnline.com: Attorneys for the Delaware Court of Chancery have let one appeal deadline pass without acting in the lawsuit over the court’s “secret” arbitration program that two federal courts have declared unconstitutional.

Attorney Lawrence Hamermesh, who is representing the Chancery Court, declined to comment today on whether the state plans to appeal the case directly to the U.S. Supreme Court or will abandon both an appeal and the confidential arbitration system.

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DelCOG scores major transparency victory

From NFOIC: A federal appeals court has agreed with NFOIC’s Delaware-based member organization, the Delaware Coalition for Open Government, that Delaware’s Chancery Court judges’ practice of overseeing and resolving business disputes in secret arbitrations is unconstitutional.

Following the ruling, handed down last Wednesday by the Third U.S. Circuit Court of Appeals, state and court officials, including a spokesman for Gov. Gov. Jack Markell’s office, indicated they are considering an appeal.

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NFOIC’s State FOIA Friday for October 25, 2013

From NFOIC:  A few state FOIA and local open government news items selected from many of interest that we might or might not have drawn attention to earlier in the week. While you're at it, be sure to check out State FOIA Friday Archives.

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Delaware judges can’t do secret arbitrations, court rules

From Bloomberg: Delaware’s Chancery Court, the country’s leading venue for securities litigation, can’t be used for secret arbitration proceedings in business disputes, a federal appeals court ruled.

The arbitration program set up by the state, which allowed publicly funded judges to make decisions behind closed doors on business cases, violates the public’s constitutional right to access to the courts, the U.S. Court of Appeals in Philadelphia said Wednesday in a 2-1 decision.

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Residents question town manager’s meetings

From delmarvanow.com: DEWEY BEACH — Citizens express concern about Town Manager Marc Applebaum’s meetings with members of the local business community, saying he should be subjected to open meeting laws, noticed and conducted in public, citing officials promise of more transparency last year after their published agendas violated the Freedom of Information Act rules.

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Law ignored, critics say

Delawareonline.com:  A group tasked with finding improvements to the state’s charter school system may have violated open meetings laws, according to a report from the Attorney General’s Office.

That has drawn the ire of open government advocates and legislators who say a handful of power-players are crafting major education policy behind closed doors.

 

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NFOIC’s State FOIA Friday for May 3, 2013

A few state FOIA and local open government news items selected from many of interest that we might or might not have drawn attention to earlier in the week. While you're at it, be sure to check out State FOIA Friday Archives.

 

Blackfoot woman receives Idaho open government award

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Delaware Chancery Court appeals ban on private arbitration

From The News Journal:

WILMINGTON – The Delaware Court of Chancery is asking the U.S. 3rd Circuit Court of Appeals to reinstate its controversial private arbitration process that critics have called a “secret court.”

Attorneys representing Chancery Court filed a notice of appeal with the U.S. District Court in Wilmington today. The one paragraph notice did not outline the reasons for the appeal.

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NFOIC’s State FOIA Friday for August 24, 2012

A few state FOIA and local open government news items selected from many of interest that we might or might not have drawn attention to earlier in the week:

Judge to hear arguments in public records dispute

DOVER — A Superior Court judge has scheduled oral arguments in a case that will determine if a Kent County sewer and water utility is subject to Delaware’s public records law or if the entity can continue to keep its detailed financial and operational documents private.

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