The St. Paul Pioneer Press has disposed of a complaint about a June 15 news story by publishing a clarification approved by the complainant, Ramsey District Court Judge Ed Cleary, who said that the story unfairly made him and the court systerm look bad. The newspaper distinguished itself with a remarkably open acknowledgment of the story’s shortcomings.

The story’s headline said, "Two former prosecutors avoid prison in drug case" and a sub-headline said, "Married couple sentenced, but their prosecutor calls judge lenient." Cleary said the story unfairly made it appear he had acted improperly. He pointed out in his complaint that the newspaper had confused prison time (at least one year and a day in a state institution) with jail time (one year or less in a local lockup) and that state law and sentencing guidelines precluded a prison sentence. He said that the prosecution and defense had agreed on no jail time for Julius Nolen and his wife.

Nolen was placed on probation for up to five years and ordered to perform 100 hours of community service, undergo random drug testing, abstain from alcohol and drugs and pay $100 in court costs.

Cleary said that the public was left with the false impressions that: 1) the judge could have sent either or both defendants to prison; 2) the prosecutor thought the judge was lenient for not doing so; 3) the prosecutor wanted jail time for one or both of the defendants.

Cleary complained that such inaccuracies unfairly produce public backlash against judges and the court system.

During exchanges with Cleary leading to the clarification, the Pioneer Press acknowleged Cleary’s assertion that the prosecutor had objected to the judge’s giving the defendant Julius Nolen a Stay of Adjudication (resulting in dismissal of the charges and a clean record upon completion of his sentence). The prosecutor wanted a Stay of Imposition (resulting in a misdemeanor record upon completion). Here is the text of the published clarification:

"Penalties meted out to former prosecutor Julius Nolen could have included jail time, but not prison time, as was incorrectly reported in a June 15 story due to revisions in the editing process. The article also should have made clear that the prosecutor in the case did not ask Ramsey District Court Judge Edward Cleary to impose jail time on Julius Nolen, and that the prosecutor suspended Laura Nolen’s prosecution on condition she complete certain court-ordered obligations."

The newspaper’s use of the phrase "should have made clear" represents a significant departure from the practice of many news outlets, who obscure their responsibility in language that does not state a standard. Now that the Pioneer Press is on record, both its staff and the public know what the newspaper expects of itself, and it can be held accountable.

Cleary’s filing of a complaint illuminated inaccuracies and prompted the newspaper to examine itself. His dropping of the complaint avoids a public hearing. The outcome was win-win.