Recently, Senator Paul Sarlo tried to defend an outrageous attempt to gut New Jersey’s Open Public Records Act by accusing lawyers of profiting off taxpayers through lawsuits aimed at accessing public records.
Sarlo’s argument likening lawyers advocating for transparency to profiting off taxpayers is akin to criminals suggesting that we pay police too much to catch them.
While it’s understandable to scrutinize legal fees, especially when tied to taxpayer dollars, it’s crucial to address the root cause of such litigation: government officials denying access to public information.
When individuals or entities engage in illegal or unethical behavior, it is not unreasonable for measures to be taken to hold them accountable. In the case of government officials withholding public records, sometimes people need lawyers to step in to ensure that the public’s right to access information is protected.
By attempting to discredit the efforts of those who work to hold wrongdoers accountable, Sarlo is not overlooking the importance of transparency and accountability.
He is trying to destroy the foundations of democratic society and with good reason. Sarlo has been called “the Senator from Sanzari” reflecting his employment as the chief operating officer of Joseph M. Sanzari, Inc., a continual recipient of fat government contracts.
The highway contractor received $86 million in 2009, and ProPublica more recently reported that the company has at least $17.7 million in taxpayer-funded contracts related to U.S. Department of Transportation projects. In 2020, the company reported $101 million on a form submitted under New Jersey’s pay-to-play law.
Sanzari came under scrutiny in 2005 after it was revealed that the company used the owner’s private plane to fly the then-chairman of the New Jersey Turnpike Authority on trips to Florida.
Transparency is the cornerstone of a healthy democracy. When citizens are informed about the actions and decisions of their elected officials, they can hold them accountable and ensure that governance remains in the public interest. However, when access to public records is denied or obstructed, it undermines the very foundation of democracy.
It’s essential to recognize that lawyers representing the public in such cases are not profiting at the expense of taxpayers; they are advocating for the public’s right to know.
These legal battles arise when government agencies unlawfully withhold or redact information that rightfully belongs in the public domain. Without these legal challenges, government officials could operate with impunity, shielded from public scrutiny and accountability.
Furthermore, it’s worth noting that the cost of these lawsuits pales in comparison to the potential harm caused by unchecked government secrecy. When public officials conceal information, it erodes trust in government institutions, fosters suspicion among constituents, and enables corruption to flourish in the shadows. The true cost of opacity far exceeds the legal fees incurred in challenging it.
Rather than vilifying lawyers who fight for transparency, we should applaud their efforts to uphold the principles of open government and accountability. Their work serves as a safeguard against abuses of power and ensures that the public remains informed and engaged in the democratic process.
Instead of viewing transparency lawsuits as a burden on taxpayers, we should recognize them as a necessary safeguard against government overreach and corruption. If government officials ceased their efforts to illegally prevent the public from accessing information about their actions, lawyers would have no reason to litigate. In other words, the solution to reducing legal fees associated with transparency lawsuits lies not in curtailing access to public records but in fostering a culture of openness and accountability within government agencies.
In conclusion, transparency is not a luxury; it is a fundamental tenet of democracy. Lawyers who advocate for transparency are not adversaries of taxpayers but champions of the public interest. By ensuring that government remains transparent and accountable, we can safeguard the integrity of our democratic institutions and uphold the public’s right to know.