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April 7, 2004Kalkaska County: Judge: Newspaper right to intervene in gag orderEx-dispatcher is suing the countyByRecord-Eagle staff writer GAYLORD - A judge rejected Kalkaska County's request to sanction the Record-Eagle after the newspaper opposed a proposed gag order in a lawsuit over alleged misappropriated 911 surcharge funds. Circuit Court Judge Dennis Murphy said the newspaper had a reason to be troubled by the scope of information the county and its sheriff's department wanted to conceal from public view. "The breadth of the initial order, I think, gave them the right to be concerned," Murphy said at a hearing. "I think (the Record-Eagle) had the right to intervene." Former Kalkaska County dispatcher Margaret Bull is suing the county, alleging she was fired after raising questions about how the sheriff's department spent funds from a 911 surcharge. Attorneys for the county sought a gag order that could have prevented Bull and others from speaking about the case and could have concealed documents generated by the lawsuit from the public. Last month, the Record-Eagle filed a motion to intervene in the case. The newspaper contended that Kalkaska County had no right to such a restrictive gag order. On Monday, the county's attorney, Christopher Cooke, argued that the original protective order would have allowed access to documents otherwise available under the state Freedom of Information Act. It was a contention Dawn Hertz, the newspaper's attorney, disputed. Cooke also argued that the Record-Eagle's coverage of the case damaged the sheriff's department's chances of getting a fair trial. Cooke and Hertz also argued over whether witnesses in the case could be interviewed by the media. Cooke said witnesses in the suit could not talk to reporters after they gave depositions, but Hertz disagreed. "Your honor, I don't know where Mr. Cooke has been living," she said. "Nothing in this state prevents a witness from talking, unless they are part of a grand jury." Murphy said he determined the Record-Eagle's motion to intervene was not frivolous because the original protective order proposed by Cooke was more restrictive than one recently agreed upon. Murphy's decision undercut Cooke's request to sanction Hertz and the Record-Eagle for what he alleged was a frivolous intervention. Kalkaska County controller Frank Wright said he doesn't know how much the suit has cost to defend - or how much Monday's hearing cost - because the county's legal bills are paid by an insurance carrier, Municipal Risk Management.
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