Paul Hawkes Fights for Public Records

TALLAHASSEE, FL, April 15, 2014 (Press-News.org) While Paul Hawkes successfully won a seat in Florida's House of Representatives in 1990, some may remember that he also ran for the same office in 1988 against Dick Locke. In that race, although Paul Hawkes was not successful in winning, he was ultimately successful in fighting for the public's right to all legislative records.

While opposing Dick Locke for his seat in the House of Representatives, Paul Hawkes filed a request under chapter 119 for all records that Dick Locke maintained in regards to state tax money that was allocated for the maintenance of his state representative office. Dick Locke refused, and Paul Hawkes filed suit. The trial court dismissed Paul Hawkes' case holding that in the court's opinion it was without subject matter jurisdiction because of the separation of powers doctrine. This meant that Chapter 119 did not apply to the legislative branch of government.

"I still remember that initial decline," Paul Hawkes says. "It was extremely disappointing. I felt that my rights were not only being violated, but that this set a dangerous precedent for the future, as public records concerning the use of tax dollars for the operation of a legislative office should be able to be accessed by any member of the public. I also thought that public record laws passed by the legislature should definitely apply to at least the legislature, if not all branches of government," says Paul Hawkes. "This sparked my anger and gave me the fortitude I needed to take the case up to the Court of Appeals."

This led to the case of Hawkes v. Locke, 559 So.2d 1202, 1203-04 (Fla. 5th D.C.A. 1990).

The case that went to the Court of Appeals had a different result than the original ruling. The Court of Appeals interpreted the Floridian Constitution differently, as compared to the original court ruling, and found that these were indeed matters of public record and should be released.

"Never have I felt so vindicated to receive a favorable outcome," Paul Hawkes remembers. "It felt like a real victory, not only for myself but for the rule of law and the right of people to have access to public tax information. I felt this was a real landmark ruling, and also that it was a boon to my own career."

It certainly helped propel Paul Hawkes farther along in his career; in the next election, Paul Hawkes found himself winning the seat that he had lost two years prior.

"I am not sure if the public records case had anything directly to do with my election," Paul Hawkes comments, "but I am sure that it didn't hurt!"

Paul Hawkes would go on to have a career that was spearheaded by matters of efficiency and fairness. He would serve his districts diligently in the Florida House of Representatives. He would also go on to serve the governor as an 'efficiency czar,' as well as act as advisor to two different Speakers of the House. Later Paul Hawkes would have the honor to serve as a First Court Of Appeals judge appointed by Gov. Jeb Bush, and then as the Chief Judge elected by his peers.

About: Paul Hawkes is a diligent public servant.