Published October 24, 2010
FAIRBANKS, Alaska -- The Fairbanks North Star Borough must release personnel records from Senate Republican candidate Joe Miller's time as an attorney for the borough, a judge ruled Saturday in a decision that favors several news organizations that sued for the information.
Miller recently acknowledged he was disciplined for violating the ethics policy while working for the borough, but said it was unrelated to his departure from the job.
Miller's attorney, Thomas Van Flein, had argued that the records were protected from release by borough code and the Alaska Constitution's right to privacy provision. But retired Superior Court Judge Winston Burbank said in the ruling that the public's right to know outweighs any right to privacy.
The Daily News-Miner reported that Burbank ordered the documents be released by 4 p.m. on Tuesday, which allows time for an appeal.
Media attorney Chris Zimmerman said the judge ordered that some of the documents not be disclosed for medical privacy reasons or because of an attorney-client privilege. Some of the other documents will have information redacted for similar reasons.
Miller worked as an attorney for the Fairbanks North Star Borough between 2002 and 2009. Although Miller has listed the work experience on his LinkedIn professional networking profile, he has left it off his campaign website.
Van Flein said Saturday it was too early to say whether he would file an appeal at the state Supreme Court.