Public Notices in Limbo: Del Norte County Lacks Recognized Paper of Record

by ROGER GITLIN

Some weeks back, the City of Crescent City and the County of Del Norte each passed alternate ordinances for the appropriate posting of legal notices in the event our community did not have a “Newspaper of Record.”

Apparently, Del Norte does NOT currently have a Newspaper of Record.

New information has surfaced. Country Media, Inc. of Salem, Oregon, the former owner of The Triplicate, has advised the Del Norte County Clerk that it has abandoned its Newspaper of Record status. The title of Newspaper of Record cannot be automatically transferred. The applicant must file an appropriate legal petition with the Court, and the review process begins with a judge overseeing the application.

Country Media sold or transferred The Triplicate to another entity, Daniel Schmidt. Because Country Media formally abandoned its “Paper of Record” status, Del Norte County now has no official Newspaper of Record.

The title of Newspaper of Record cannot be self-declared or informally transferred without judicial intervention, according to the Secretary of State.

To become the Newspaper of Record in a California county, a publication must first qualify as a newspaper of general circulation by being published regularly, having a bona fide list of paying subscribers, and printing local news and general information. The applicant must petition the Superior Court in the county of publication (Del Norte) to have this status officially established and published in accordance with legal requirements.

Legal Process to Become a Newspaper of Record

1. File a Petition
The publisher must file a verified petition with the Superior Court in the county where the newspaper is printed and published.

2. Publish the Notice
The petition and a notice of the hearing must be published in the petitioning newspaper and in another newspaper of general circulation in the same county—or in an adjoining county (Humboldt), if necessary.

3. Attend the Hearing
The Court will hold a hearing, and any person may contest the petition.

4. Obtain a Court Order
If successful, the Court will issue an order declaring the publication a “newspaper of general circulation.”

Ongoing Requirements
To maintain its status, the publication must continue to meet the criteria for a newspaper of general circulation and must often be included on the Court’s list of newspapers approved to publish legal notices.

The process must be approved by a sitting judge and undergo scrutiny for at least one year before the publication can be designated “The Newspaper of Record.”

Please note: All legal notices are not valid unless they are published in the Paper of Record.

The City and County were prudent in establishing alternate ordinances for the posting of legal notices.