Secret Courts

This section covers access to courts. Courtrooms traditionally have been open to the public, but judges often close proceedings or seal documents when they feel secrecy is justified. This section also covers state and federal laws governing camera coverage of trials.

Judge keeps Chandra Levy post-conviction investigation records sealed

Lilly Chapa | Secret Courts | News | February 7, 2013
News
February 7, 2013

A Washington, D.C. trial judge declined to explain in a hearing Wednesday why he will continue to keep under seal courtroom transcripts and records regarding an investigation into the 2010 trial of the man found guilty of murdering Chandra Levy.

Appeals court blocks journalist's attempt to access AIG consultant reports

Rob Tricchinelli | Secret Courts | News | February 1, 2013
News
February 1, 2013

A federal appeals court Friday denied a journalist access to reports on American International Group (AIG) prepared by an independent consultant under an agreement with federal regulators for alleged securities law violations.

A three-judge panel of the U.S. Court of Appeals in Washington, D.C., unanimously reversed an earlier opinion granting journalist Sue Reisinger access to the documents.

Government can access Twitter account data in WikiLeaks probe, appeals court rules

Lilly Chapa | Secret Courts | News | January 31, 2013
News
January 31, 2013

Government investigators in the WikiLeaks probe can access Twitter users’ account information, a federal appeals court ruled earlier this week. Court records explaining why the accounts were subpoenaed will also remain sealed, according to the ruling.

Maine Supreme Court orders jury selection to be public in prostitution case

Rob Tricchinelli | Secret Courts | News | January 28, 2013
News
January 28, 2013

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.

Washington Supreme Court narrows public access to court documents

Rob Tricchinelli | Secret Courts | News | January 15, 2013
News
January 15, 2013

Supporting documents can remain hidden when filed in a court case that settles before a decision is reached, according to a ruling last week by the Washington state Supreme Court.

According to the state constitution, “justice in all cases shall be administered openly,” creating a presumption of public access to court documents in most cases. The state’s courts had previously interpreted that part of the constitution to apply only to documents that were “part of the administration of justice.”

Delaware Coalition for Open Government v. Strine

January 14, 2013

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.

Military commission denies requests for TV coverage of Guantanamo Bay 9/11 court proceedings

Nicole Lozare | Secret Courts | News | January 3, 2013
News
January 3, 2013

The military commission at Guantanamo Bay today denied defense requests for television coverage of the upcoming 9/11-related trials, further hampering the media's efforts to cover the high-profile court proceedings.

Pa. appeals court rules newspapers can pursue sealed records in fracking settlement

Lilly Chapa | Secret Courts | News | December 11, 2012
News
December 11, 2012

Two newspapers can now argue for the unsealing of settlement documents in a secretive fracking lawsuit, a Pennsylvania appeals court ruled Friday.

Kentucky judge upholds rule preventing contact with federal jurors

Lilly Chapa | Secret Courts | News | November 27, 2012
News
November 27, 2012

A Kentucky federal judge recently allowed media contact with jurors in a hate crime case, but denied the newspaper's attempt to strike down a local rule that normally prevents interaction with jurors in a federal trial.

Journalists now allowed to tweet, live blog from Utah courtrooms

Lilly Chapa | Secret Courts | News | November 20, 2012
News
November 20, 2012

The Utah Supreme Court on Monday approved a rule that will allow journalists to tweet, live stream and blog from the courtroom for the first time in the state's history.

The rule, which goes into effect April 1, permits the media to use laptops, cell phones and cameras in court and makes Utah’s notoriously restrictive courtrooms some of the most accessible.