In the “On the law” column, “When juicy files are kept from view” (Dec. 14), William Grady, Bill Crawford and John O’Brien refer to the practice of parties in court proceedings to agree, as part of a settlement, to removing or impounding of court-filed documents-with the court’s approval.
In particular, attention is drawn to a recent case in the federal court, involving adulterated orange juice, where the court allowed the parties to the settlement to remove court documents filed in the case-never thereafter to be seen by the public in the light of day.
While the court may be primarily concerned with settlements and disposing of cases, the interest of the public in access to court documents should be protected-and only under exceptional circumstances should it be restricted.
What is needed is a “Sunshine in Litigation Act” to cover federal and state court cases. Before any document may be withdrawn or removed, the court would have to make findings that interest in limiting access to the documents outweighs the public’s interest in their disclosure and the possible dangers involved in keeping the information secret.
If the courts are open to the public, records should be, too.
