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Saturday, August 13, 2005

Ind. Fed. Court - U.S. District Judge Richard Young would open portions of sealed plea agreements

"Judge striving for more openness" is the headline to a story today by Maureen Hayden of the Evansville Courier& Press. Some quotes:

In an effort to keep court proceedings "as open as they can be" to the media and public, U.S. District Judge Richard Young has approved a plan that would open portions of sealed plea agreements filed by federal prosecutors.

Under the plan, the media and the public would have access to information about the existence of plea arrangements reached between prosecutors and defendants, while the government would continue to keep some information in the agreements temporarily sealed from public view.

The U.S. attorney's office would also be required to file a public notice of its motions to seal plea agreements, which would allow the media and public an opportunity to enter any objections. In addition, hearings on sealed plea agreements, which had been closed to the public and the media, will now be open in part.

What will remained closed and sealed are details of plea agreements that may reveal confidential or sensitive information such as the names of confidential informants, cooperating witnesses or details of ongoing investigations.

The story continues by explaining that:
The plan approved by Young was the result of negotiations between the Courier & Press and the U.S. attorney.

In late July, the newspaper moved to intervene in several federal cases in which defendants had reached sealed plea agreements with prosecutors. Courier & Press attorney Dirck Stahl argued that the First Amendment gave the press and the public a presumed right of access to court proceedings and documents.

That right has generally been upheld by the courts, but with conditions. That "presumed right" can be overcome when prosecutors show a "compelling interest" that the court proceeding or document should be kept private.

In a past hearing on the matter, the U.S. Attorney's office argued that the government's right to protect sensitive information trumps - at least temporarily - the right to know what's occurring in a court of law.

In court Friday, Young said there may be other compelling interests as well that may arise in sealed plea agreements, including the identity of victims of child abuse.

Stahl said the agreement reached between the newspaper and federal prosecutors was intended to "strike a balance between First Amendment rights and protecting other interests."

Young is expected to sign an order that outlines how sealed plea agreements will be handled in his court. "We want our courts to be as open as they can be," said Young. "That's certainly the rule, and certainly sometimes there are exceptions."

Posted by Marcia Oddi on August 13, 2005 11:57 AM
Posted to Ind Fed D.Ct. Decisions