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Wednesday, June 09, 2004

Law - 2nd Circuit rules docket sheets in Connecticut courts are public documents

This story in today's Hartfort Courant (intrusive registration required) is headlined "Docket Sheets Are Public: Appellate Ruling Gives First Amendment Right." It begins:

The U.S. 2nd Circuit Court of Appeals ruled Tuesday that the press and public have a First Amendment right to access the docket sheets that serve as an index to court files, and revived a media challenge involving thousands of sealed Connecticut court cases dating back decades.

U.S. District Court Judge Gerard L. Goettel last November dismissed a lawsuit filed by The Hartford Courant and the Connecticut Law Tribune that sought limited information about the sealed files, saying top judicial branch officials had no power to undo orders made by judges to keep those files secret.

But lawyers for the media argued before both Goettel and the three-judge appellate panel in New York that their request was to access not the files, but merely the docket sheets. Docket sheets identify the parties involved in a case, the judge to whom it was assigned, the nature of the litigation and a table of contents of the various motions and pleadings that were filed.

"We're thrilled the 2nd Circuit reversed the order dismissing the case and recognized a constitutional right of access to the docket sheets that are currently being kept under lock and key by the state of Connecticut," said attorney Stephanie Arbrutyn, who represents The Courant. "We are looking forward to proceeding expeditiously, because we believe there was, and is, an ongoing violation of our constitutional right of access."

The decision is available here: THE HARTFORD COURANT COMPANY v. JOSEPH H. PELLEGRINO, Chief Court Administrator and WILLIAM J. SULLIVAN, Chief Justice.

What is the background here? I found some, via a site published by The Reporters Committee for Freedom of the Press, which has a page named "Secret Dockets." Here is a quote:

Special treatment for prominent divorcees

In Connecticut, a secret docketing system was so hidden that not even the chief justice knew of its existence. Any party could choose to file a case under three different levels of secrecy. In Level 1 or "super-secret" cases, all information, including the case number, the parties' names, the nature of the case, and all court documents remained off the public docket. Level 2 docketing permitted disclosure of the case number and parties' names, but sealed all other information. And Level 3 cases were open to the public except for certain sealed documents contained in the court file. This secret docketing system is not found in Connecticut court rules or statutes, but was established as an internal administrative procedure to assist court clerks in processing sealed files.

Last fall, Connecticut Law Tribune reporter Thomas B. Scheffey discovered the secret docketing system while reporting on the divorce of former General Electric Chairman Jack Welch, who filed for divorce in Bridgeport, Conn., ending his 13-year marriage to Jane Welch.

A lawyer connected with the divorce said he was surprised that the court offered a range of levels of secrecy, including complete invisibility, Scheffey said. While Welch's divorce is on the public docket, others are kept secret.

Law.com also reports on the 2nd Circuit ruling today. Some quotes:
A February 2003 article in the Courant reported that some cases were sealed just because prominent individuals had requested it. The article stated that judges "have selectively sealed divorce, paternity and other cases involving fellow judges, celebrities and wealthy CEOs that, for the most part, would play out in full view of the public."

The newspaper accounts led the Connecticut judiciary to promulgate new rules that set standards for the closing of courtrooms and the sealing of materials. Among the rules was a requirement that a judge articulate the reasons for the closure or sealing and why they overrode the First Amendment right of access.

The suit brought by the Hartford Courant concerned matters that were sealed before the promulgation of the new rules.

Posted by Marcia Oddi on June 9, 2004 09:12 AM
Posted to General Law Related