Title: When the Law Is Made in the Dark, Democracy Suffers
Author: Mike McCool
Published: December 31, 2025, 4:40 PM
Publisher: Royal Examiner
Category: Local Government
Type: Commentary
Summary
The article contends that local democracy suffers when legal analysis used to shape public policy is hidden from view, arguing that Virginia’s FOIA makes openness the default and that legislative legal reasoning should be part of public deliberation, not treated as privileged by default. It warns that over reliance on county attorneys can shift real decision-making away from elected officials and into closed processes, weakening accountability and public trust
Thoughts
This article is arguing for transparency at a level of principle. My concerns live at the level of process. I don’t disagree with the idea that the public should understand the legal reasoning behind major policy decisions. My concerns are about:
- How the goals are implemented in real systems.
- How records are created
- How records are used in litigation
- How they change behavior inside government
- How unintended risks can emerge when new procedural layers are added on top of existing law.
In my own work reviewing county financial data, I’ve seen how well-intentioned transparency mechanisms can break down when they are not carefully designed. The same is true for legal and policy workflows. Transparency is not just about making more things visible; it’s about building processes that are accurate, sustainable, and resistant to misuse. For me, the important question isn’t whether openness matters. The question is whether the way we pursue it strengthens governance rather than quietly introducing new vulnerabilities.
