Two state officials have been sanctioned for contempt of court as a result of their more than two year delay in allowing access to public records dealing with finances of the state’s troubled traffic court. And, after reviewing those records, Operation Clean Government will be asking the Supreme Court Chief Justice Designate, when sworn in, to re-open the inquiry into that court.
In December, 1998, Lee Blais, a Certified Fraud Examiner and member of the board of Operation Clean Government, asked to review traffic court records showing cases where motorists with documentation of having paid traffic fines were listed on the court’s books as never having paid. Blais was suspicious that the money paid by motorists had been diverted. The state at first refused access to the records saying they were needed in an ongoing audit of the traffic court. Later it was revealed that most of the requested records were never seen by the auditors.
Blais then initiated a Superior Court suit. Judge Stephen Fortunato ordered the state to produce the requested records but the state did not comply. Superior Court Judge Michael Silverstein found that the state had improperly removed information from the several hundred records given to Blais and withheld hundreds of other documents without telling Blais of their existence.
Director of Administration Robert Carl and State Controller Lawrence Franklin were found in contempt of the Superior Court Order on September 23, 1999. However, they were given an opportunity to remove the contempt citation by complying with the original court order to produce the records "on or before October 1, 1999". Superior Court Judge Michael Silverstein found last week that even then the defendants did not release the remaining records.
Only in the midst of further contempt proceedings did the state give Blais hundreds more of the records. In total Blais was eventually given records showing more than seven hundred instances of double billed motorists.
The state must now pay Blais’ attorney fees.
"These records are very important in that they show that payments by motorists in a significant number of cases did not find their way on to the state’s books. This is a significant red flag, one that officials have steadfastly refused to acknowledge despite it waving in their faces for more than two years," said Blais. "A collection agency trying to collect millions in allegedly overdue traffic fines contacted just a portion of supposedly overdue motorists and several hundred of those contacted had documentation going back up to 12 years indicating they had paid. Where did their money go? Doesn’t anyone want to know?
"It is even more troubling that state officials would deny access to public records to a citizen with an absolute right to look at those records. The reason for this unlawful behavior is unclear. What is there about the traffic court that the public shouldn’t see?"
In light of these findings Operation Clean Government will be asking Chief Justice Designate Frank Williams, when sworn in as head of the unified court system, to order the inquiry into the former traffic court be reopened.
"Judge Williams said recently he wants to restore faith and trust in the courts. This is an opportunity to do just that," said Robert Arruda, Chairman of Operation Clean Government. "The first time around state officials refused to conduct a full fraud examination of the court’s operations. Now is the time to do just that. Whatever the truth may be, it’s time the state government stopped trying to cover it up."
ORDER OF JUDGE SILVERSTEIN AVAILABLE ON THE OPERATION CLEAN GOVERNMENT WEBSITE www.ocg.to
Operation Clean Government holds accountable those whom the citizenry entrust with the stewardship of their state government. Transparency in government and the citizen's access to their government are essential to a healthy democracy. OCG advocates strong democratic laws and institutions that instill public confidence that common policies are fairly debated and decided on the merits, and that common resources are used responsibly.
The next monthly meeting of the OCG Board of Directors is
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