Superior Court Judge Howard Manning issued a court order Wednesday that requires former UNC head football coach Butch Davis to release some of his cellphone records within 30 days.
In a pair of rulings this month in the ongoing lawsuit led by a coalition of media groups, including The Daily Tar Heel, Manning granted a protective order for Davis’ personal phone records unrelated to his head coaching duties, suggesting that media groups might be given access to the other records.
“It’s certainly a significant ruling by Judge Manning that public officials cannot avoid the requirement of the public records law by choosing different equipment,” said Amanda Martin, an attorney representing the coalition.
“Whether personal cellphone or email, public officials are still accountable under public records law for official business.”
Martin said Davis has agreed to turn over all work-related phone records, but will either release solely the names, or solely the phone numbers, at the plaintiff’s discretion.
The choice of format will be made by the plaintiff coalition, which is made up by The (Raleigh) News & Observer, The Charlotte Observer, the DTH and five other news outlets.
The media outlets sued for Davis’ records in October of last year, claiming work-related calls made on Davis’ personal phone are public record.
Martin added that since Davis has already revealed his plans, it appears unlikely that his attorneys will appeal the order.
A ruling earlier this month compelled the University to release certain records related to the NCAA football investigation to the media groups, but the decision might be appealed to the N.C. Court of Appeals.
