Maine’s highest court reversed a trial judge's decision and ordered jury selection to be public in a notable prostitution prosecution.
“A generalized concern that juror candor might be reduced if [jury selection] is conducted in public is insufficient . . . to bar the public or media from the entirety of the process,” according to the majority opinion, written by Chief Justice Leigh I. Saufley.
The trial court did not consider other less restrictive alternatives to closure that would still preserve the defendant’s rights, the opinion stated.
Delaware Coalition for Open Government v. Strine
Under a recent Delaware law, sitting Chancery Court judges may serve as arbitrators in secret arbitration cases between corporations. The Delaware Coalition for Open Government (DCOG) sued the Chancery Court judges to block the scheme, arguing that it violated First Amendment rights of public access to judicial proceedings. The U.S. District Court in Delaware struck down the law as unconstitutional, holding that the secret arbitration scheme was tantamount to a civil trial and public rights of access applied.