The Associated Press reports that a South Dakota official has been arrested for violating the state's open meetings law.

Open government experts have criticized the move.

AP reports that "Walworth County State's Attorney James Hare issued an arrest warrant last week for the county's auditor, Rebecca Krein, after he received a complaint about materials that weren't made available for an Aug. 6 meeting but should have been."

South Dakota's law requires public agencies to make documents available for public meetings.

https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Ty…

Krein is charged with a misdemeanor that carries a maximum sentence of 30 days in jail. The prosecutor explained that Krein's arrest was precipitated by "a chronic problem of failing to follow public meeting and record laws" and the resulting mistrust in the community.

It is believed to be the first arrest for violation of the state's open government laws since their enactment in 1965.

Reactions from media law experts have been negative.

Jane Kirtley, a media ethics and media law at the University of Minnesota and longtime director of the Reporters Committee for Freedom of the Press, noted that such arrests are exceedingly rare and largely ineffective. She commented:

"I've never been sold on the idea that this is a great way to terrorize government officials into following the law."

Sandy Davidson, an attorney who taught communications law at the University of Missouri, characterized the charges as "an extreme form of public shaming."

An editorial that appeared in the local Mobridge Tribune recounted past run-ins with Krein but questioned the arrest, suggesting that it is "more like teaching her a lesson rather than a need to protect the public" and a "mistake on all levels."

The penalty provisions of Kentucky's open meetings laws authorize fines of not more than $100 for "knowingly attending" an illegal meeting. Willful concealment or destruction of public records with intent to violate the open records law is a Class A misdemeanor. A public official who fails to produce public records after entry of an order directing the official to do so "shall be guilty of contempt.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23117

There are no known instances where these penalties have been imposed in Kentucky. A former Georgia official is scheduled to be tried for violations of the open records law in December. And on two past occasions, Florida officials have been jailed for violations.

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