Latah County District Court Judge John Stegner issued an order of disclosure for personnel records of Ernesto A. Bustamante held by the University of Idaho after hearing oral arguments from UI and media outlet attorneys Monday.
The university sought clarification from the court on the privacy rights extended to a deceased public official. Bustamante, former UI assistant professor, is suspected of shooting and killing UI graduate student Katy Benoit, Aug. 22, before taking his own life the next morning.
“The idea of what our governmental employees are doing should be transparent,” said Charles A. Brown, an attorney specializing in First Amendment defense and media law.
Kent Nelson, general counsel for UI, said while the situation is “truly tragic,” two things need to be determined. He said the court was asked to interpret whether Bustamante was a public official and if Bustamante’s right to privacy extends past his death.
Nelson extended his appreciation of the cooperation of counsel, and said the goal of the university has not changed.
“…(The) university commitment remains,” Nelson said. “That is to be as transparent as the law allows.”
Stenger ruled Bustamante as a public official, and said the right to privacy does not extend past his death.
“Mr. Bustamante sacrificed some of his privacy rights by becoming a public official,” Stegner said.
The issues facing the university will be better dealt with if the records are disclosed, Stegner said. He said in this case, public disclosure and the right to know win out against privacy.
Stegner said he recognized that the ruling does not set a precedent at the district level, and that an appeal could be filed. Both parties agreed to not appeal the decision and signed a written waiver to that effect.
“The University of Idaho is pleased with the court’s ruling today,” Nelson said. “This provides us with what we sought — a clear path forward.”
A timeline has not been set for the release of the documents, Nelson said, but many of the documents are electric, including e-mails, and could total in the range of 70,000 items.