Closed Proceedings and Sealed Documents

Access to Trials
 Legal terms. Reporters don’t need a
law degree to cover the federal courts, but it
is essential to understand and be able to Appeals
translate legal jargon and procedures for Some courts of appeals have determined
readers or viewers. that they have jurisdiction to hear
 Each court is unique. While some interlocutory appeals of trial court decisions
rules and statutes govern all federal courts, to seal, to not seal, or to unseal judicial
circuits and districts have substantial records
autonomy to determine local rules and
practices. Understanding the rules will
inform your coverage and ease your
newsgathering.
Storage
 Impartiality. Federal judges adhere
Some local rules provide presumptive time
to strict ethics guidelines, and recuse
limits for sealing records, and these rules
themselves from cases that constitute a
were motivated in substantial part by
conflict of interest or in which their
storage considerations.
impartiality might reasonably be questioned.
Cases are assigned to judges randomly in
appellate, district, and bankruptcy courts, to
ensure fairness and integrity. Procedural Checklist
 Official proceedings, not
interviews. In keeping with ethics rules,
federal judges do not grant interviews about 1. Absent authorization by statute or rule,
active cases. Judges “speak” through permission to seal must be given by a
comments made in open court or through judicial officer.
written decisions. Reporters must rely on 2. . Motions to seal should be publicly
the official case proceedings as their docketed
primary information source.
3. Members of the news media and the
public must be afforded an opportunity to be
heard on motions to seal.
Sealing 4. There should be a public record of
Discretion permissions to seal.

The court has discretion to weigh the need
for secrecy against the public’s right of
access. Court records should be sealed to
keep confidential only what must be kept
secret, temporarily or permanently as the
situation requires.
5. Sealing should be no more extensive than
necessary.
6. The record of what is sealed and why
should be complete for appellate review.
7. Records should be unsealed when the
need for sealing expires.
Prepared by: Marthy A. Fernandez