232 N.C. App. 427
N.C. Ct. App.2014Background
- LexisNexis (Lexis) requested an electronic copy of the statewide Automated Criminal/Infraction System (ACIS) database and an index; AOC provided only an index for databases created after §132-6.1 and refused to produce ACIS itself.
- ACIS is a real-time electronic database compiled and maintained by the Administrative Office of the Courts (AOC) from criminal records entered by the 100 elected clerks of superior court; clerks input and can modify only their county data.
- Clerks routinely provide copies of county criminal records on request, but no clerk can copy the entire ACIS database; the AOC is the only entity able to copy ACIS.
- Lexis sued under the North Carolina Public Records Act (N.C. Gen. Stat. §132‑1 et seq.) seeking declarations that ACIS is a public record and that AOC is its custodian, and sought production of the database.
- Trial court granted judgment on the pleadings for defendants (AOC and Wake County clerk); Lexis appealed. The Court of Appeals reversed as to the AOC and affirmed as to the clerk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is ACIS a “public record” under the Public Records Act? | ACIS is an electronic data‑processing record and thus a public record. | ACIS is merely an aggregation/tool; underlying clerks’ records are the public records. | ACIS is a public record as an electronic data‑processing record. |
| Is the AOC the custodian of ACIS? | AOC created, maintains, controls, and is the only entity able to copy ACIS, so it is the custodian. | Custodians are clerks who own the underlying criminal records; AOC is not the custodian. | AOC is the custodian of ACIS and must disclose it under the Act. |
| Does N.C. Gen. Stat. § 7A‑109(d) bar production because AOC may contract for remote access? | §7A‑109(d) permits remote access contracts but does not limit public records disclosure rights. | Releasing full ACIS copies would undermine contracting/licensing for remote access. | §7A‑109(d) is permissive and does not preclude production of ACIS under the Public Records Act. |
| Did the clerk violate the Act by refusing to provide ACIS? | Lexis sought production from both AOC and the clerk. | The clerk cannot copy the entire ACIS database and did not create ACIS. | Clerk did not violate the Act; affirmed as to clerk. |
Key Cases Cited
- News & Observer Publ’g Co. v. Poole, 330 N.C. 465, 412 S.E.2d 7 (N.C. 1991) (agency becomes custodian of records submitted to it and those records are subject to Public Records Act)
- Toomer v. Branch Banking & Trust Co., 171 N.C. App. 58 (N.C. Ct. App.) (standard of review for judgment on the pleadings discussed)
- Craig v. New Hanover Cnty. Bd. of Educ., 363 N.C. 334 (N.C. 2009) (de novo appellate review explanation)