Secret Court Files: Soviet Russia? No, Present Day Florida

I find the recent reports as to the existence of 100s of secret, hidden or otherwise super-sealed court cases, which "have been hidden from public view on secret dockets since the late 1980s...most of them in Broward County" to be extremely disturbing. Miami Herald (10-16-06). ***

These practices are contrary to constitutional guarantees and Florida public policy regarding the openness of public institutions, and I am appalled that they are transpiring in our courts. I have never had the opportunity to get a case "hidden", and would be curious to know the procedure for doing so. Why is this information not generally available to everyone? ***

The paper misanalyzes the issue in noting that "[m]any cases involved the divorces of politicians, judges and high-profile businessmen, raising questions about whether the powerful were getting special treatment." It is not whether the powerful were getting special treatment, but the extent to which they already are receiving preferential treatment. ***

Admittedly, Florida Supreme Court Chief Justice Lewis is conducting an inquiry into the sealing of such court records, and I commend him for that. While there may be some very narrow circumstances that might justify secret files (e.g. witness protection program participants) I hope that the inquiry ultimately ends the practice; merely refining it or coming up with new rules which lead to the same de facto results are not acceptable.