The New Hampshire Supreme Court ruled on April 15, 2026, that the Town of Hanover must pay attorney's fees and costs to Valley News. This decision comes after a dispute over public records related to the arrest of two Dartmouth College students. The case highlights the ongoing importance of transparency in government and the public's right to access information.
The dispute began in October 2023 when the two students were arrested in Hanover. Valley News submitted a Right-to-Know request to obtain the arrest records. However, Hanover denied the request, citing the active criminal prosecution of the students. Valley News argued that the records should be released, leading to a legal battle.
The Town of Hanover, represented by Gallagher, Callahan & Gartrell, P.C., sought a declaratory judgment to determine whether it was legally required to release the arrest records. Valley News countered with a request for the court to order the release of the records, subject to redaction of personal information. After a hearing, the trial court ordered Hanover to disclose the records and granted Valley News its request for attorney's fees and costs.
However, Hanover filed a motion to reconsider the award of fees and costs. On August 14, 2024, the court denied the motion regarding the disclosure of records but reversed its previous order granting fees and costs. The court noted that Hanover had made a good faith effort to navigate the complex area of the Right-to-Know Law. Valley News then filed a motion to reopen the case, arguing that Hanover should have known its actions violated the law.
The New Hampshire Supreme Court, led by Justice Gould, reviewed the case and ultimately disagreed with the trial court's decision regarding the award of attorney's fees. The court noted that the Right-to-Know Law mandates that fees be awarded if a public body knew or should have known its actions violated the statute. The court stated, "We conclude that the trial court erred in ruling otherwise."
The court found that Hanover's blanket denial of the records was unjustified, as some of the information was publicly available. It emphasized that the Right-to-Know Law requires public bodies to disclose governmental records unless explicitly exempted by statute. The court concluded that Hanover knew or should have known that its denial violated the law.
The ruling also clarified that the necessity of the lawsuit was evident, as it took Valley News over six months to gain access to the records. The court reaffirmed that the public's right to access information is crucial, stating that Hanover's actions led to Valley News obtaining legal counsel to secure access to the arrest records.
This ruling has significant implications for public records access in New Hampshire. It reinforces the importance of compliance with the Right-to-Know Law and sets a precedent for future cases involving public access to information. Public bodies must be aware that they can be held accountable for failing to disclose records when required by law.
Moving forward, the ruling may encourage other media organizations and individuals to pursue legal action when they believe their rights to access public records have been violated. It also serves as a reminder to public officials about the importance of transparency and the need to adhere to legal standards regarding public records.
As for what's next, Hanover has the option to appeal the ruling. However, details regarding any potential appeal or related cases were not available in the court filing. This case underscores the ongoing challenges and discussions surrounding public access to information and the balance between privacy and transparency in the legal system.