Democracy Not Meant to be Comfortable Says Media Law Attorney on WITF's SMART TALK
Nauman Smith's Craig Staudenmaier says more government meetings need to be public
March 31, 2006(Harrisburg, Pa.) - Craig Staudenmaier, a partner in the Harrisburg law firm Nauman, Smith, Shissler and Hall, told WITF SMART TALK viewers last Thursday that, "democracy was never meant to be comfortable."
"(Democracy) was never meant to be nice or like a pair of slippers," Staudenmaier said. "Democracy requires edginess and that you put yourself out there."
These remarks were his response to whether opening government meetings to the public could hinder the flow of information and honesty that might take place behind closed doors. The SMART TALK panel discussion on Pennsylvania's Right to Know Law and Sunshine
Act was based on the public demand that state and local government be more open following last year's pay raise for state legislators, judges and other officials. There is major concern that governments and government agencies are avoiding Sunshine Laws and making decisions without public knowledge.
Staudenmaier, an experienced media law attorney, currently represents The Patriot-News of Harrisburg in the case to obtain the salaries of several Penn State University officials, including head football coach Joe Paterno. He believes that Pennsylvania's government and government agencies aren't as open as many other states, and that is something that needs to change.
"I think that most public officials are really trying their best, but when you are a public official and you are dealing with public money, then those are the public's records," he said. "If you choose to run for office or you choose to work for (the government), then you are involved in that same public openness that our government is based on at all levels, from federal to local."
The Right to Know Law and the Pennsylvania Sunshine Act form the legal basis for citizen access to knowledge regarding the activities of governmental agencies. Pennsylvania enacted the Right to Know Law in 1957 to address access to public records. The Pennsylvania Sunshine Act requires all public agencies to have all official actions and deliberations leading up to official actions occur at public meetings.
In the program's opening report, WITF's Scott Lamar said that these laws are key to the success of the state's government. "The Pennsylvania Sunshine Law may say it best, 'Public access to open government is vital to the enhancement and proper functioning of the democratic process," Lamar said.
Joining Staudenmaier on the SMART TALK panel were Susan Schwartz, Pennsylvania Sunshine chair for the Society of Professional Journalists; Judge Robert Graci, former Pennsylvania superior court judge and deputy attorney general, who now works for a private law firm; Holly Fishel, the director of research and policy development for the Pennsylvania State Association of Township Supervisors; Pete DeCoursey, Capitol bureau chief for Capitolwire; and Damon Boughamer, Pennsylvania Public Radio News.
Hosted by Nell McCormack Abom, SMART TALK is Central Pennsylvania's only weekly prime-time public affairs television show. SMART TALK is a live, "call-in," show that welcomes phone calls from viewers. The show originally aired at 8 p.m. on Thursday the 23rd and was shown again at noon on Sunday, March 26. All SMART TALK broadcast are available for download as Podcasts at www.witf.org.
A member of the firm since 1981, Staudenmaier's practice concentrates in print and broadcast media cases addressing access issues, subpoena of reporters, privacy issues and defamation claims.
An honors graduate of Washington and Jefferson College, Staudenmaier received his Juris Doctor degree from the Dickinson School of Law. Staudenmaier is a lecturer for the Pennsylvania Bar Institute and the Pennsylvania Society of Newspaper Editors.
Staudenmaier is admitted to the U.S. District Court for the Middle and Eastern Districts of Pennsylvania, U.S. Court of Appeals for the Third Circuit and U.S. Supreme Court. A member of the Dauphin County and Pennsylvania Bar Associations, he is a member of the bankruptcy section, business law and civil litigation section, respectively. Staudenmaier is an affiliate member of the Pennsylvania Newspaper Association.
Founded in 1871, Nauman Smith is the oldest law firm in continuous existence in Harrisburg. For information visit the Nauman Smith web site at www.nssh.com. For more information regarding this news release, please contact Nathan Pigott at (717) 975-2148 or visit www.hersheyphilbin.com.
Nauman Smith Shissler & Hall, LLP
200 North 3rd Street, 18th Floor
P.O. Box 840
Harrisburg, PA 17101
717.236.3010
fax: 717.234.1925
info@nssh.com

