This case concerns whether the criminal local rules of the United States District Court for the District of Hawaii violate the First Amendment to the U.S. Constitution and federal common law. The U.S. Supreme Court has long recognized that there can be no guarantee of free speech on matters concerning our justice system unless the public has access to see what happens in court cases. Thus, the First Amendment and federal common law protect the public’s right of access to many court records.
When the public has a qualified right of access, district courts must satisfy “procedural prerequisites to closure” before sealing court records. Before such records are sealed, the public must receive advance notice of the motion to seal, and the district court must enter specific factual findings based on an individualized review of the records. The Ninth Circuit has recognized in prior cases that the public has a qualified right of access to criminal sentencing records, competency evaluations, and records related to cooperating criminal defendants.
On December 16, 2022, the United States District Court for the District of Hawaii adopted local criminal rules that require sealing of certain documents without satisfying any of the procedural prerequisites. The categories of documents in the local rules that must be filed under seal without advance public notice or case-by-case judicial findings include sentencing records, competency evaluations, and records related to cooperating criminal defendants.
The Law Center has challenged the sealing of these documents by default rule as contrary to the public’s presumption of access. The challenge is a petition for writ of mandamus filed with the Ninth Circuit. The Court of Appeals heard oral argument on February 15, 2024. On March 7, the Ninth Circuit dismissed the petition for lack of standing. The Law Center asked for rehearing on March 21. No. 23-70023.
- Petition for Mandamus or Other Extraordinary Writ (1/31/23)
- District Court Opposition to Petition (6/26/23)
- Amicus Curiae Brief of Reporters Committee for Freedom of the Press (motion granted 1/25/24)
- Amicus Curiae Brief of State of Hawaii (motion granted 1/25/24)
- Memorandum Decision (3/7/24)
- Petition for Panel Rehearing or Rehearing En Banc (3/21/24)