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North Carolina

Judge allows Davis' protective order for phone records

Posted August 9, 2012

Butch Davis

— Superior Court Judge Howard Manning ruled Thursday to allow a protective order that would prevent the release of phone records from former UNC head football coach Butch Davis' personal cell phone.

In a decision following a July 17 hearing, Manning granted Davis’ motion to quash the subpoena for the release of his 216-area code personal cell phone records that were being sought by a group of media outlets, including WRAL News, stemming from an NCAA investigation into the football program when he was the coach. North Carolina Logo Archive: UNC football investigations

Manning also denied the motion to compel filed by the media outlets and allowed a protective order filed by Davis given certain conditions.

Under the terms of the order, Manning decided that Davis’ records should be made available for review by the attorneys for both sides, noting that “is reasonable and certainly cost-effective considering the gallons of white-out used by UNC and its lawyers.” Attorneys will seek calls pertaining to university business.

Manning did not specify in his two memos released Thursday, totaling 12 pages, whether the business-related records reviewed by the lawyers will be made public. There was also no timetable set for the review.

The decision states that all private calling records for non-job related calls will be protected.

"Coach Davis is delighted with this result," said Jon Sasser, Davis' attorney. "The Court clearly gave the matter serious thought, and we are appreciative of Judge Manning’s deliberations and decision."

After more than a year of investigation and allegations of both football and academic improprieties within the program, Davis was fired by the university in August 2011. During his time as coach, Davis was issued a university phone but previously released records show that he did not use it, opting instead to use his personal phone.

Manning also issued a warning to the University of North Carolina administrators saying that he does not believe that personal cell phone usage should be used as a means of skirting public records laws.

“If Chancellors of the UNC system are doing this thinking that they can avoid public scrutiny of their cell phone records by using their personal cell phones to conduct public business, they need to re-think their decision,” Manning wrote.

The July 17 hearing also addressed the issue of media seeking records of all communication between UNC and their outside legal counsel during the investigation. Manning ruled on that matter that UNC is, in fact, covered by attorney-client privilege. North Carolina Logo More UNC Stories

The court did agree with the media on the release of information related to student-athletes’ violations related to impermissible benefits. He wrote, ”This kind of misbehavior has nothing to do with education (and) does not relate to the classroom.”

UNC had sought to withhold all student-athlete information under terms of the Family Educational Rights and Privacy Act which preserves the privacy of educational records.

In a statement released Thursday evening, UNC Chancellor Holden Thorp said the university agreed with Manning's decision. 

"We are pleased that his decision affirms the privacy of student-athlete information related to academics and protects the important relationship between the university and its counsel."

UNC will be forced to produce an original statement of facts on any football player tied to the NCAA investigation who was ruled ineligible based on receiving impermissible benefits. No records will be turned over for any student-athlete benefit that was not explicitly labeled  a violation by the NCAA.

“The cloak of security must be lifted and the sun let in for all to see,” Manning stated.

80 Comments

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  • shakennotstirred Aug 10, 2:04 p.m.

    So the lawyers can look at ALL the phone records, the university is prolly going to have to pay the media lawyer bills, and the judge says the cover up at unc is still going strong. I can understand the headline is confusing many, but the judgement is almost exactly as was wanted by everyone except the 3-4 unc trolls. Good job unc/davis at keeping this story fresh and self-incrimnating. And to think that davis and unc both said that this is a great judgement. They could have done the same thing a year ago and wouldn't have cost the university a dime. UNCoverup drags on...

  • FAN72 Aug 10, 12:59 p.m.

    A person can have a bias and not allow that bias to influence his/her professional decisions. Judges do that all of the time.

  • immaannoid Aug 10, 12:31 p.m.

    whoa....the paranoia of the wulf fans is so scary.

    LOL

    — Posted by forautumn

    Hey, are you saying the judge doesn't have a bias, or a least the appearance of a bias?

    I doubt that even you can rationalize this one away. LOL.

  • FAN72 Aug 10, 12:14 p.m.

    I am satisfied with the decision to allow the attorneys for both sides to review the business... View More

    — Posted by FAN72

    We agree on something.

    — Posted by PacknoPride

    I have made this statement before. I am not a Red Rager nor an ABCer. As I have stated... View More

    — Posted by FAN72

    I'm a State grad and a ABC'er..Proud of it...

    — Posted by NCSU84

    I too am a State grad...'72, but find no need to hate UNC. Some posters' attitude makes me dislike their pompous superiority complex, but definitely does not reflect on the university as a whole.

  • forautumn Aug 10, 12:08 p.m.

    whoa....the paranoia of the wulf fans is so scary.

    LOL

  • immaannoid Aug 10, 11:59 a.m.

    http://soe.unc.edu/125years/awards/manning.php

  • immaannoid Aug 10, 11:47 a.m.

    Is this the same Judge Manning:

    Judge Manning is a Raleigh native and a member of a family with long ties to the University of... View More

    Hmmm, seems like it. He should recuse himself as he is clearly in the pocket of UNC.

    The UNC Way: hide crimes at all costs and include alumni.

  • rayraynral Aug 10, 11:39 a.m.

    The Carolina Blue attorneys in the employ of Davis (UNC) and the Carolina Blue attorneys in the employ of the media outlets will make sure that nothing damaging comes out of these records. They will protect their alma mater, just as the Tar Heel Judge did.

  • early exit Roy Aug 10, 11:06 a.m.

    I think anyone knows butch used his personal phone for the specific reason that any calls he makes wouldn't be open for public public scrutiny. So he can call agents, ball players during dead period, and high school coaches etc. He knew exactly what he was doing. If he makes calls from his personal phone and conducts business on it, then it becomes the public property. So now we will see some of the phone calls he made that will be open for public scrutiny. Butch won the battle for unc lost the war. This could hurt.

  • heelsforever Aug 10, 10:38 a.m.

    If this was a personal phone not paid for by UNC, then only a criminal investigation and charges... View More

    — Posted by pause to consider

    The law states that if you use your personal phone to conduct school/government business as a state employee, then those business calls are public record.

More...

 

 

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KAN 12
 
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