Piedmont Publishing Co. v. City of Winston-Salem

WEBB, Justice.

The copies of recordings the plaintiff seeks to obtain in this case were unquestionably gathered by the Winston-Salem Police Department in the course of a criminal investigation and are part of the State’s file in a pending criminal action. Article 48 of Chapter 15A of the General Statutes provides for discovery, only by the defendant, of materials in the possession of the State for use in a criminal action.

The plaintiff contends it is entitled to copies of the recordings under Chapter 132 of the General Statutes, the Public Records Act. N.C.G.S. § 132-1 provides in part:

“Public record” or “public records” shall mean all documents, . . . sound recordings, magnetic or other tapes, . . . made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions.

N.C.G.S. § 132-6 provides that any person may examine public records and have copies made of them. It does seem that with nothing else appearing, N.C.G.S. § 132-1 provides that the recordings at issue in this case are public records which should be subject to inspection and copying by the plaintiff. See News and Observer Publishing Co. v. Poole, 330 N.C. 465, 412 S.E.2d 7 (1992).

In this case something else does appear. Article 48 of Chapter 15A of the General Statutes provides for discovery in criminal actions. If the Public Records Act applies to information the State procures for use in a criminal action, there would be no need for Article 48. A criminal defendant could obtain much more extensive discovery under the Public Records Act. It is illogical to assume that the General Assembly would preclude a criminal defendant from obtaining certain investigatory information pursuant to the criminal discovery statutes while at the same time mandating the *598release of this information to the defendant, as well as the media and general public, under the Public Records Act.

If we were to adopt the position advocated by the plaintiffs, that Chapter 132 applies in this case, the files of every district attorney in the state could be subject to release to the public. Among the matters that would have to be released would be the names of confidential informants, the names of undercover agents, and the names of people who had been investigated for the crime but were not charged. We do not believe the General Assembly intended this result. See News and Observer v. State, 312 N.C. 276, 322 S.E.2d 133 (1984).

One canon of construction is that when one statute deals with a particular subject matter in detail, and another statute deals with the same subject matter in general and comprehensive terms, the more specific statute will be construed as controlling. Food Stores v. Board of Alcoholic Control, 268 N.C. 624, 151 S.E.2d 582 (1966). Article 48 deals specifically with the disclosure of criminal investigative files as opposed to the more general provisions of Chapter 132. We hold that it governs in this case and there is no provision in it for discovery by anyone other than the State or the defendant.

The judgment of the superior court is affirmed.

AFFIRMED.