Courthouse News Service v. Omundson

Court: U.S. Court of Appeals for the Ninth Circuit

Date Filed: May 28, 2025

Background: In July 2021, Courthouse News Service filed a federal lawsuit challenging the Idaho court system’s practice of delaying public access to electronically filed civil complaints, arguing that it is unconstitutional under the First and Fourteenth Amendments. Idaho does not make civil complaints available to the press and public until after they have been reviewed by court staff to ensure that they comply with rules and procedures.

After CNS and the Idaho court system’s administrative director each filed cross-motions for summary judgment, the U.S. District Court for the District of Idaho ruled in favor of the news outlet, finding that the Idaho courts’ review process unconstitutionally delays access to e-filed civil complaints. The district court’s order enjoined the Idaho court administrator from continuing to deny CNS timely access to newly filed civil complaints.

Idaho’s court administrator appealed the ruling to the U.S. Court of Appeals for the Ninth Circuit.

Our Position: The Reporters Committee for Freedom of the Press, joined by 23 media organizations, filed a friend-of-the-court brief urging the Ninth Circuit to affirm the district court’s order enjoining the Idaho court system’s blanket denial of public access to electronically filed civil complaints during its pre-review period.

• Contemporaneous access to newly filed civil complaints is vital to news reporting and benefits the public.

• The district court properly applied the First Amendment right of access to complaints filed in Idaho state court.

From the Brief: “Prompt access to civil complaints ensures that the public learns about important cases while they are still newsworthy, promotes accuracy in reporting, lays the foundation for further investigation and analysis, and leads to more meaningful public debate about individual cases and the justice system as a whole.”

Related: The Reporters Committee has previously filed friend-of-the-court briefs in support of Courthouse News Service lawsuits successfully challenging court system rules delaying access to newly filed civil complaints, including in Courthouse News Service v. Glessner, Courthouse News Service v. Schaefer and Courthouse News Service v. Planet.