I have waited for a few years for this story to break so I could read and verify the nitty gritty concerning the abuse of power amidst our own public officials. So when the Idaho Supreme Court ordered the release of public email communication within the departments of our public servants - it made me VERY happy. Finally, Idaho is getting the picture. Finally, the Idaho judicial system is figuring out what is private and what is public. The Kalani - Douglas email exchange scandal broke a couple of years ago. I was particularly interested in it when I used to blog as The Angry Commentator here, locally, in Coeur d'Alene, Idaho and I highlighted the story. (Since then that site has been hijacked by pornography investers - when I gave it up - so don't look it up!)

The Spokesman-Review just released the gory details. They sued the county for the release of the emails, they won the case and are now disclosing the information to the public here and here.The emails are laced with romantic and rather smutty communication between the Kootenai County Prosecuter, Bill Doulgas and a former employee of the county, Marina Kalani. There are hints of misconduct involving the failure of  a juvenile drug court progam and unflattering comments concerning local judges. It's an 'Email Turns World' for sure.

What is private and what is public information?  We now know that the Kalani-Douglas emails are public because they were released legally. I have the Supreme Court Case Opinion and went to the hearing. My followup here What is private information? Health records and drug and alcohol records for instance are protected and are not public information as well as psychiatric records and prescription trials. Personnel records that document corrective actions or warnings are confidential and private as well. Medical records concerning children are also private. A perspective employer cannot ask a previous employer if you have been fired in any former jobs. It is an invasion of privacy and is confidential. Can private information enter the public arena? Yes, it can if it was not legally released. How do you fix that? Well, folks you have to go to the local prosecuter who might not know what is private or public! It's criminal to release private health or personell information illegally and you need the local prosecuter to enforce the law when it has been broken.

If I find a 'draft' of someone's medical history in a garbage can - can I publish it? What if personal medical records were stolen in order to cause malice and harm? What if they were published out of context, without supeona or cerification? What kind of damage might result?  Heads up -  you don't publish it - you don't assume it is valid documentation and you proceed through legal channels if necessary to acquire them for whatever purpose. Just about anyone can pony up a phony medical record this day and age if they want to.  If you happen to come into private and confidential medical records, your duty is to destroy them unless of course you want to divulge private information for your own personal gain to hurt someone, which just happens to be libel and defamation. Medical records are released through supeona or with a release from the individual to make them public if applicable. Any legal or medical professional knows that. If they don't - they don't deserve to practice.  You write a  love note to your co-worker on a government computer? Expect a public record's request - it's public information. Find a medical record accidently and publish it - expect to get sued.

Record law is boring - it's mundane, but it has it's purpose.  The release of the Kalani-Doulgas emails educates the public and govenment employees concerning the difference between private and public communication. I believe that a few Supreme Court Justices learned a few things as well, when I attended the hearing over the release of these emails. I am absolutely thrilled with the outcome of all of this.

It's a public win and a check up from the neck up for many government employees who correspond via email assuming they are free from inspection and assume no responsiblity when it comes down to the release of their own public correspondence or illegal disclosures of private material.

Happy 4th of July!