December 24, 2004

U.S. courts to track sealings, closures

NEW JERSEY
Star-Ledger

Thursday, December 23, 2004
BY JOHN P. MARTIN AND KATE COSCARELLI
Star-Ledger Staff

After several years of debate, U.S. judges in New Jersey have enacted a rule to require courts to record whenever documents are sealed and courtrooms are closed to the public in civil matters.

Supporters hailed the change as an important step in maintaing public access to the workings of the justice system. Parties typically ask the court to seal records or courtrooms because they want to prevent the release of sensitive or damaging information.

Tracking such sealings or courtroom closures had been nearly impossible in New Jersey, where roughly three dozen federal judges preside over thousands of cases in courthouses in Newark, Trenton and Camden.

But as early as next month -- when a public comment period ends -- the federal court in New Jersey will maintain and post a report on its Web site detailing the cases that involve sealings and closures.

The rule also requires New Jersey's federal judges to explain why they are approving such actions. ...

The issue has been percolating since the early 1990s, but drew newfound attention in the wake of corporate and clergy sex abuse scandals, Drake University Law School Professor Laurie Doré said.

Posted by kshaw at December 24, 2004 08:13 AM