06A

Overview

D.C. Cir.

The D.C. Circuit has not ruled whether the public has a First Amendment or common law right of public access to documents filed in civil cases. A D.C. district court has cited approvingly of other circuit's precedents giving access to civil records:

Overview

California

Overview

Maryland

Overview

Oklahoma

Overview

1st Cir.

The filed document must be “relevant to the performance of the judicial function and useful in the judicial process.” The privilege extends to “materials on which a court relies in determining the litigants’ substantive rights.” However, documents that have no role in the adjudication process, such as those used in discovery, are not accessible to the public. Anderson v. Cryovac Inc., 805 F.2d 1, 13 (1st Cir. 1986).

Overview

Colorado

Overview

Maine

In general civil court records are public in Maine pursuant to Administrative Order JB-05-20 (A. 5-09) “Public Information and Confidentiality,” which provides: “Information and records relating to cases that are maintained in case files, dockets, indices, lists, or schedules by and at the District, Superior, or Supreme Judicial Courts are generally public and access will be provided to a person who requests to inspect them or have copies made by the clerk’s office staff unless the information or a part of it is confidential . . . .” Id.

Overview

Oregon

In Oregon, subject to certain restrictions, “Every person has a right to inspect any public record of a public body[.]” ORS 192.420. Public records include “any writing that contains information relating to the conduct of the public’s business, including but not limited to court records . . ..” ORS 192.410(4)(a). Public bodies include state agencies, ORS 192.410(3), and state agencies include courts. ORS 192.410(5).

Overview

2nd Cir.

Overview

Connecticut