NEW HANOVER COUNTY — A lawsuit was filed against a New Hanover County court official after the American Civil Liberties Union of North Carolina Foundation claims she has been withholding public records since 2023.
Jan Kennedy, a Republican who is up for reelection in 2026 and has served as the New Hanover County Clerk of Superior Court since 2010, is listed as being unresponsive to seven requests made by the ACLU. The organization — which works to defend and preserve free speech, equality, due process and liberties guaranteed by the Constitution — requested a list of individuals in the court system marked as “Incapable to Proceed.”
ITPs include people with a mental illness or cognitive disabilities who are involved in criminal cases. According to the ACLU, the clerks of courts are lawfully required to keep a docket of ITP lists, considered public records.
“These mandated dockets are no mere ‘bureaucratic obligation,” the lawsuit details. “‘ITP defendants’ are subject to constitutional and statutory limits on the length of time they can be detained while awaiting or receiving capacity restoration treatment. These mandatory dockets serve as critical safeguards to ensure that individuals whose incapacity renders them incapable of effectively advocating for themselves do not get lost in the system.”
ACLU noted in a release about its lawsuit that Kennedy broke the NC Public Records Act, stating public officials are required to “record requests as quickly as possible.” The law doesn’t define what the timeline is for “as quickly as possible,” though the ACLU-NC noted it made its multiple requests over a two-year period at “regular intervals.”
The lawsuit lays out ACLU’s various attempts to reach Kennedy via phone, certified mail and email, as well as contacting others in the county court system to reach her. While it did receive an ITP list in 2023, the lawsuit notes it wasn’t from Kennedy but as a courtesy sent from the deputy legal counsel for the administrative office of the courts, who admitted she didn’t maintain the list.
A followup PRR by the ACLU was returned in 2024 with a “no update since last year” email, though again it wasn’t from Kennedy but from the deputy legal counsel. As of June 2025, no response has been received regarding this year’s PRR, ACLU details.
ACLU NC submitted requests to all 100 counties statewide for their ITP lists but explains New Hanover County clerk of court is the only one out of the vast majority to unanswer. The organization has asked for an immediate hearing and requests the courts to find Kennedy in violation of the NC Public Records Act, and to create a list if, in fact, one has not been maintained, while also awarding its costs and attorney fees.
“Transparency and accountability in the criminal legal system is not optional, it is necessary to a democratic system of justice,” Ivy Johnson, staff attorney at ACLU of North Carolina, said. “People with serious mental health conditions who are unable to stand trial are among the most vulnerable individuals in our court system. Without public oversight, they risk being left in jails for extended periods of time in violation of both state law and the constitution.”
Kennedy did not respond to Port City Daily’s request for comment by press.
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