Forum Communications Co. will take legal action opposing a Grand Forks judge's order to temporarily seal legal filings in UND's court case against the NCAA, the company's management decided Wednesday.
Forum Communications owns the Grand Forks Herald and The Forum of Fargo-Moorhead, as well as Grand Forks' WDAZ and Fargo's WDAY TV stations.
"The sealing of filings in this case goes well beyond protocols established in the North Dakota judicial system," Herald publisher and editor Mike Jacobs said. "It's bad precedent . . . It's not in the interest of the public or the media to allow an expansion of the right to seal court proceedings."
UND is suing the NCAA over a 2005 policy banning the use of the school's Fighting Sioux nickname and logo in postseason play and effectively barring the school from hosting playoff games. The Sept. 14 ruling from Grand Forks County District Court Judge Lawrence Jahnke links his decision to seal future documents with a goal of aiding settlement talks.
Forum Communications believes aiding settlement negotiations is not a valid reason to seal court filings and that Jahnke's decision is too broad, said attorney Steve Johnson, who is representing Forum Communications in the case.
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By the end of this week, Johnson said, the company plans to file a motion requesting that Jahnke either vacate or amend his order.
Media support
The North Dakota Newspaper Association plans to file a friend-of-the-court brief supporting the Forum Communications motion, NDNA attorney Jack McDonald said. The Reporters Committee for Freedom of the Press also has said it will support the motion, Johnson said.
No documents have been filed in the case since the Sept. 14 sealing order, the Grand Forks County Clerk of District Court's office said Wednesday.
Jahnke's order states: "at such time as it appears to the court that settlement negotiations have reached an impasse and trial will be necessary, this order will be immediately rescinded."
But Jahnke said Wednesday that regardless of the process of settlement talks, he will unseal all filings Oct. 22 when UND and NCAA attorneys meet for a pretrial conference.
Larger principle
Even if Forum Communications does not succeed in opening the files before Oct. 22, Johnson said, the company's motion will serve a larger principle.
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"We don't want court records ever to be sealed in a manner that's not proper," Johnson said. "We don't want this to create any precedent for it happening in the future."
Attorney General Wayne Stenehjem's office is representing UND in the nickname case. Stenehjem has said he opposes Jahnke's ruling because he is an advocate of open records, but has said he will comply with the judge's order.
Stenehjem said Wednesday he continues to oppose the ruling, but could not comment further until he sees the Forum Communications motion.
The NCAA supported the sealing, according to Jahnke's order.
Appeals possible
If Jahnke rules against the Forum Communications motion, the company can appeal to the North Dakota Supreme Court, Johnson said. He said the company has not decided yet whether to carry the motion that far.
Forum Communications CEO Bill Marcil was traveling Wednesday and unavailable for comment.
Marks reports on higher education. Reach him at (701) 780-1105, (800) 477-6572, ext. 105; or jmarks@gfherald.com .
