Judge Speaks Out Against Record Sealing

A Dauphin County trial judge has come down hard against the practice of sealing judicial records, calling it "unconstitutional" and an "invitation to secrecy and, potentially, abuse."

In a strongly worded four-page opinion filed April 19 in Gebhardt v. Woods , Judge Lawrence F. Clark denied plaintiff Stephen Gebhardt's motion to seal all pleadings, motions and replies, saying a litigant's desire to preserve his or her privacy in a case is no excuse for a court to deprive the public access to judicial records.

"In the past, the courts have summarily sealed records," Clark said. "It was unconstitutional then and it is unconstitutional today."

Robert C. Clothier, co-chair of Philadelphia-based Fox Rothschild's media, defamation and privacy law practice, said Clark's opinion is, on the one hand, unremarkable since it's been well-established that a party's desire to keep information private is not enough to warrant the sealing of a judicial record.

What is noteworthy, Clothier said, is "the heartfelt way in which he articulated the policies underlying openness."

"That's what's remarkable and heartening to see: how strongly the judge here conveys the importance of openness in the courts," he said.

Clark said the public has an "extremely broad" right of access to court records.

"Obviously, in modern times there has been a grand impetus toward the accessibility of public information," Clark said. "Furthermore, it is not a sufficient basis to seal a record just because the parties agree amongst themselves that it would be in their best interests to seal part or all of the record."

Clark said doing so would rob Pennsylvania citizens of "their fundamental constitutional right to access such information."

According to Clark, judges have a duty to uphold this right and to maintain transparency, even if it means doing so at the expense of the parties involved in the case.

"Every judicial officer from the newest magisterial district judge to the chief justice of the Supreme Court takes the same oath of office before commencing their duties, which oath binds them to 'support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity,'" he said, citing Article VI, Section 3 of the Pennsylvania Constitution.

Full Article and Source:
Dauphin Co. Judge Speaks Out Against Document Sealing